BHIM SHANKAR THAKUR v. Delhi University

Delhi High Court · 05 Oct 2016 · 2016:DHC:6904
Sanjeev Sachdeva
W.P.(C) 9135/2016
2016:DHC:6904
administrative petition_dismissed Significant

AI Summary

The Delhi High Court dismissed the petition seeking admission after the counselling date, holding that failure to produce the original degree certificate at the prescribed time forfeits the right to admission.

Full Text
Translation output
W.P.(C) No.9135/2016 HIGH COURT OF DELHI
JUDGMENT
delivered on: 05.10.2016
W.P.(C) 9135/2016
BHIM SHANKAR THAKUR ..... Petitioner
versus
DELHI UNIVERSITY AND ANR ..... Respondents Advocates who appeared in this case:
For the Petitioner : Mr Barun Kumar Sinha and Ms Pratibha Sinha, Advocates.
For the Respondent : Ms J.S.Rupal and Ms Simran Jeet, Advocates for Delhi
University.
CORAM:-
HON’BLE MR JUSTICE SANJEEV SACHDEVA
JUDGMENT
SANJEEV SACHDEVA, J. (ORAL)

1. The petitioner seeks a mandamus directing the respondents to take on record his degree certificate and to grant him admission in the LL.B. Course commencing from the Academic Session 2016-2017.

2. It is contended that the petitioner had appeared in the entrance examination and secured rank 767 in the OBC category. The petitioner was, as per his rank, called for counselling on 22.08.2016 2016:DHC:6904 on which date, the petitioner could not submit the original degree as was required by the University.

3. The petitioner had passed the qualifying examination in the year 2012. However, the petitioner had not collected the degree from the University.

4. The petitioner, on 08.09.2016, collected the degree from the concerned University - Chaudhary Charan Singh University, Meerut, and approached the respondent - Delhi University for submitting the same. The Delhi University did not accept the said degree.

5. Learned counsel for the petitioner further contends that the petitioner is not in a position to produce any proof that the degree had not been issued by the University till the date of counselling.

6. It is contended that the petitioner, in accordance with his ranking, should be granted admission.

7. In identical circumstances, by judgment dated 04.10.2016, in W.P.(C) No.8905/2016 titled Rahul Kumar Singh versus University of Delhi & Ors., I have held that Degree not collected cannot be equated with Degree not issued. It has also been held that it is mandatory for the candidates to report with the documents in original at the specified date and time for counselling failing which they will forfeit their claim for admission.

8. The ratio of the said judgment in Rahul Kumar Singh (supra) is squarely applicable in the facts of the present case.

9. Since the petitioner failed to appear for counselling in terms of the notification with the original documents, the action of the respondent – University in denying the admission to the petitioner and not entertaining the Degree produced at a subsequent date cannot be faulted.

10. In view of the above, I find no merit in the petition. The same is hereby dismissed.

SANJEEV SACHDEVA, J OCTOBER 05, 2016 ‘sn’