NIKHIL SHARMA v GURU GOBIND SINGH INDRAPRASTHA UNIVERSITY AND ANR.
W.P.(C) 10612/2017
DECIDED ON 15/03/2018
A single-judge bench of the Delhi High Court, headed by Justice REKHA PALLI, quashed the orders of the GGSIPU.
The case was that the Petitioner, a Science Stream student, appeared for his Class 12 Board Examination in March 2015. CBSE issued him a Pass Certificate and a Mark sheet. However, as the Petitioner intended to take the Joint Engineering Examination (JEE) (Main), he was desirous of improving his performance in Mathematics, Chemistry and English (Core) and applied for an Improvement Examination for these. But in January 2016, he learnt about a notice issued by CBSE, according to which the students who intended to apply for the JEE (Main) in the subsequent year, had to appear for an improvement in all the subjects and not merely in the subjects of their choice due to which the Petitioner applied for an improvement in all five subjects vide his application, pursuant to which the Petitioner appeared for the said improvement exams as a ‘Private Candidate’ and was issued a mark sheet by the CBSE, in which the Petitioner  failed in Theory in Physical Education. When he didn’t fare well in the JEE, he appeared for the Common Entrance Test (CET) conducted by Respondent No. 1/University for admission to its B.Tech Program.
Based on his mark sheets for 2015 exams and  2016 improvement exams respectively, the Petitioner applied for admission to the B.Tech Program under the Management Quota in the Respondent No. 2/ Institute. After checking all his documents, including the two mark sheets, the Petitioner was asked to submit the requisite fees; he was duly issued the student identity card and started attending his classes regularly in Institute. The Petitioner also appeared for both the Internal and External Practical Examinations conducted by University. In the middle of his exams,  the Petitioner was handed over a copy of the letter (“Impugned Letter”) issued by University, according to which his “provisional” admission to the B.Tech Program in Institute stood cancelled with immediate effect, due to non-submission/ non-fulfilment of eligibility criteria as per the admission brochure for the Academic Session 2017-18.
Aggrieved by the sudden cancellation of his admission by University the petitioner filled a petition in the Delhi High Court and by the directions of the court he was allowed to appear in his exams but the declaration of his result will depend on the decision of the court.
Court quashed the admission brochure and the Impugned Letter and  directed to restore the Petitioner’s admission. Because of the following reasons:
- The Petitioner had disclosed all the information regarding his first result as well as the improvement result and had not misrepresented any material fact to the Respondents;
- It is not a case where the Petitioner had actually not passed Class 12 but is a case wherein he was unable to clear one of the papers in his improvement examination.
