HC notice to Univ on policy of provisional admissions
New Delhi, June 19 (UNI) Delhi High Court on Monday issued notices to the Vice-Chancellor of Guru Gobind Singh Indraprastha University to reply by August 8 regarding the policy of provisional admissions to students who get compartment in their senior secondary examination.
"What is the point for a child to take compartment examination if he (or she) has to lose a year on account of denial to provisional admission in the desired course?" Justice Pradeep Nandrajog asked the Vice-Chancellor.
Justice Nandrajog directed the university to allow petitioner Kushboo Paul a seat on BBA/BCA conselling even though her result for 'compartment test' in the Senior Secondary Examination is still awaited.
Court observed that the question of consideration is that whether a candidate whose result is declared by the concerned board, on being placed in the category 'compartment' and having a right to retake examination in the concerned subject and have results declared thereof on or before October 31, 2007 (date of Admission), would or would not be entitled to be treated as an eligible candidate to be allocated a seat on counselling, subject to the condition that the candidate clears the common entrance test conducted by the university.
The court observed, "Whether it would be discriminatory to deny provisional admission to students obtaining compartment but eligible to retake the paper and have results declared on or before October 31, 2007 viz-a-viz those candidates whose results have been not declared as on the date of counselling but would be declared on or before October 31, 2007." Meanwhile, the court directed that Khushboo would not be treated as not qualified. She would be treated as a candidate whose result is yet to be declared, meaning thereby that she would be entitled to participate in the counselling and subject to her merit position would be entitled to be allocated, on provisional basis, a seat in an affiliated institute of the university for its BCA degree course.
Khushboo got compartment in her senior secondary examination conducted in the year 2007. She appeared for the common entrance test for BBA/BCA held by the university on May, 13,2007. She was successful in both the examinations. when she appeared for counselling on June 9, 2007 alongwith the requisite fees and other documents she was refused admission on the grounds that she has compartment in economics.
Khushboo's counsel K G Mishra contended that the University has a clause for provisional admissions by furnishing an affidavit that their result is still awaited.
The clause says "The candidate will have to submit the result of qualifying exam on or before 31 October 2007. In case the candidate fails to submit the final result by the said date her eligibility shall be cancelled and the entire fees will be forfeited and in no circumstances she will be allowed to appear in the end term examination. "The clause also says "Aggregate of 50 percent marks in the 12th class for the purpose of eligibility will be taken as best four subjects including one language and compulsory subject for the specific programme." Counsel appearing for the university, G D Goel, contended that this clause only applies to students whose result is still awaited but not for the students whose results have been declared and have got compartment.
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