Saba Parveen vs Jamia Millia Islamia University And Ors

The petitioner passed her 12th standard examination from the BIhar School Examination Board, Patna in 2014, securing 53.2% marks. Following

thereon, she applied, online, on 15th February, 2018, to the Jamia Millia Islamia University (Respondent No.1 herein, and referred to, hereinafter, as

“the Universityâ€), and applied for admission to the course of Diploma in Elementary Education (D.El. Ed), to be pursued in the Department of

Teacher Training and Non-Elementary Education in the University.

It is not in dispute that the eligibility criterion, for admission to the said diploma course, as mentioned in Annexure-1 to the Prospectus issued by the

University, for the academic session 2018-19, read thus:

“Eligibility: (Senior Secondary School Certificate Examination (Except Vocational Courses) with not less than 50% marks in the best 5-papers.

Candidate can only apply against the seats in the subject studied at +2 levelâ€​.

Admit card was issued to the petitioner, on the basis whereof the petitioner participated in the written test which was held on 24th April, 2018. In

the merit list, which came to be published on 30th May, 2018 as a consequence thereof, the petitioner was placed in the waiting list.

Thereafter, on 11th July, 2018, the petitioner was called for counselling and was given the pay-in slip requiring her to deposit the admission fee,

which, it is averred, was deposited by her on the very same day.

Following thereupon, the petitioner joined the D.El.Ed Classes on 17th July, 2018, and admittedly attended the classes till 24th October, 2018.

On 25th October, 2018, it appears that the petitioner was informed, orally, that her admission to the D.EL.Ed course was cancelled. She was not

served with any cancellation letter or issued any notice prior to the taking of the said decision.

Representations, by the petitioner to the university, protesting against the cancellation of her admission, having elicited no favourable response, the

petitioner is before this Court in the present proceedings.

Ms. Zeba Khair, learned counsel appearing for the University has handed over, across the bar, a communication from the University to her, dated

3rd December, 2018, which seems to have taken a stand that the candidature of the petitioner was cancelled as she had not secured 50% marks in the

subject concerned (which would, in the present case, be mathematics, being the discipline in which the petitioner desired to pursue her D.El.Ed

Course). While Ms. Khair acknowledges that, quite frankly, that the stipulation, in the Admission Prospectus of the University, only required the

candidate to secure not less than 50% marks in the best five papers given by her in her Senior Secondary Examination, she submits that it was the

practice of the University to insist on 50% or more marks in the discipline to which the candidate sought admission. She submits that, though in the

present case, the petitioner did secure more than 50% marks in her best five papers in the Senior Secondary Certificate Examination, she had failed to

secure 50% marks in the mathematics paper and that it was for this reason that her admission was cancelled.

A bare reading of the eligibility criterion, as contained in the Admission Prospectus and as extracted hereinabove, indicate that the submission is

totally bereft of substance. All that is required is that the candidate aspiring for admission to the D.El.Ed Course was required to secure not less than

50% marks in the best five papers given by her in the Senior Secondary School Examination. That the petitioner did fulfil this requirement, is not in

dispute. There is no requirement, in the said Prospectus, of the candidate having to secure 50% marks in the paper relating to the discipline in which

she, or he, desired to pursue the Course in the University.

Needless to say, it is not open to the University to add, on its own volition, a further condition, which is not only in excess of the condition stipulated

in the Admission Prospectus but is actually in derogation thereof.

For the above reasons, the petitioner, having admittedly secured not less than 50% marks in the best five papers given by her in her Senior

Secondary School Examination, was entitled to be admitted to the D.EL.Ed Course in the University. The decision of the University to cancel the

admission given to the petitioner has, therefore, necessarily to be set aside.

The writ petition is, accordingly, allowed in the above terms.

There shall be no order as to costs.

A copy of this judgment be given dasti under the signatures of the Court Master.