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Date of Decision: 03.12.2013
KIRAN BABBAR AND ORS ..... Petitioner
Through: Mr Yogesh Kumar, Adv.
Through: Mr Rajender Dhawan, Adv for R-1 Mr Mohinder J.S. Rupal, Adv for Delhi
University
PAYAL PAUL & ORS ..... Petitioners
Through: Mr Raj Kapoor, Adv.
Through: Mr Rajender Dhawan, Adv for R-1
JUDGMENT
The petitioners before this Court applied for admission to the undergraduate courses in the University of Delhi, in the academic year
2012-2013. In terms of the procedure adopted by the University, the candidates were required to fill up an OMR form, which was to be deposited at the designated centres of the University. The candidates submitting the OMR form were required to bring one photocopy of the
2013:DHC:6250 said form. The person receiving the form would put a sticker number on the original OMR form as well as on its photocopy. He would sign the photocopy bearing the said number and hand it over to the candidate.
Thereafter, the candidate was required to submit the said photocopy with stickers stamp, as acknowledged by the receiving centre, to the concerned college, at the time of seeking admission.
2. In W.P. (C) No. 7193 of 2012, there are 9 petitioners. They submitted their respective OMR forms to the University of Delhi and thereafter took admission in Sri Aurobindo College (Evening) in the academic year 2012-2013. The college required them to submit the photocopy of their OMR form duly acknowledged by the University at the time of receiving the said form. They, however, failed to submit the said original photocopy bearing the acknowledgement from the University. The admissions, given to the petitioner were, therefore, cancelled by the college. Being aggrieved, they are before this Court seeking quashing of the communications, whereby their admissions have been cancelled and a direction to the college to permit them to attend the classes.
3. On the directions of the Court, University of Delhi has furnished the original OMR forms submitted by six petitioners, namely, Bahul Kumar, Kiran Babbar, Sonali Kumari, Chandan Kumar, Payal Paul and Puja Sarkar. The University of Delhi had got all the OMR forms submitted to it digitized and CD of the said OMR forms was sent by the University to all the colleges. It was also uploaded on the website of the University. The printouts in respect of the remaining petitioners, namely, Heena, Kadim Alam, Jitendra Kumar Tiwari and Anita have been filed by the University along with a covering letter dated 29.11.2013. As regards Kiran Babbar, Anita, Sonali Kumari, Abhishek Bisht, Jitender Kumar Tiwari and Roshan Singh, petitioners in W.P.(C) No. 7193 of 2012, the learned counsel appearing for the college states, on instructions, that the college is withdrawing the cancellation orders. They are already studying pursuant to the interim order passed by this Court. As regards Bahual Kumar-petitioner No. 9, Heena- petitioner No. 3 and Kadim Alam-petitioner No. 6 in W.P.(C) No. 7193 of 2012 and Payal Paul, Puja Sarkar and Chandan Kumar petitioner in W.P.(C) No. 7536/2012, a perusal of the OMR forms produced by the University in the Court would show that none of them applied for admission to Sri Aurobindo College. Shri Bahual Kumar submitted application form bearing serial No. 12057400, Heena submitted application form bearing serial No. 12101979, Kadim Alam submitted an application form bearing serial No. 12033092, Payal Paul submitted application form bearing serial No. 12021540, Puja Sarkar submitted application form bearing serial No. 1202004[2] and Chandan Kumar submitted application form bearing No. 12065452. In none of them, the circle has been darkened against the name of this college.
4. Since the above-referred six petitioners did not apply for admission to Sri Aurobindo College, they are not entitled to continue their studies in the said college. In the photocopy of the OMR forms submitted to the college, the above-referred six petitioners were shown to have applied for admission inter alia to Sri Aurobindo College (Evening). It thus appears that the above-referred six petitioners submitted a false photocopy of the OMR form to the college, for the purpose of taking admission, though they had not opted for the said college at the time they submitted the OMR form to the University. The above-referred six petitioners, therefore, obtained admission by fraudulent and unfair means, after tampering with the photocopies of the OMR form which the University would have given to them while receiving the original form from them. The aforesaid petitioners cannot be allowed to take advantage of the unlawful act committed by them for taking admission to the college. Therefore, no valid ground for quashing the order cancelling the admission of the above-referred six petitioners, namely, Shri Bahual Kumar, Heena, Kadim Alam, Payal Paul, Puja Sarkar and Chandan Kumar, is made out.
5. The writ petitions, therefore, are disposed of with the direction that Kiran Babbar, Anita, Sonali Kumari, Abhishek Bisht, Jitender Kumar Tiwari and Roshan Singh, shall be entitled to continue their studies in Sri Aurobindo College, whereas the remaining six petitioners Shri Bahual Kumar, Heena, Kadim Alam, Payal Paul, Puja Sarkar and Chandan Kumar, will not be entitled to continue their studies, they having taken admission on the basis of tampered documents and having deceived the college by misrepresenting that they had in the OMR form sought admission also to the said college. The writ petitions stand disposed of. The original OMR forms brought by the learned counsel for the petitioner have been retuned and their photocopies have been retained on record. V.K. JAIN, J DECEMBER 03, 2013 BG