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Bhim Shankar Thakur and Ors. v. Delhi University and Ors. - (High Court of Delhi) (27 Mar 2017)

A candidate would forfeit claim of admission, if he fails to produce original certificates at specified date and time



In instant case, Appellants in both Letter Patent Appeals were denied admission into LL.B. Course by Delhi University on ground that, they failed to submit original degree of qualifying examination as was required by University. Single Judge dismissed their writ petitions relying upon judgment titled Rahul Kumar Singh v. University of Delhi & Others, wherein it was held that, it was mandatory for candidates to report with documents in original at specified date and time for counselling failing which, they will forfeit their claim for admission.

In Rahul Kumar Singh, learned Single Judge had analyzed relevant clauses of Notification of Delhi University and opined that, reading of clauses show that all candidates who have been invited for counselling and do not report for same, would forfeit their right. Candidates have to also produce relevant documents. Degree of qualifying examination has also to be produced in Original. In case, degree has not been issued by concerned University, then a Provisional Certificate has to be produced with proof that, Degree has not been issued."

Mere absence of a specific clause in information bulletin that, a successful candidate would forfeit his claim for admission, if he fails to produce the original certificates, does not make any difference. High Court was also of view that, plea of Appellants that even after last date fixed for admissions, Appellants could have been allowed admission, since original documents are now ready cannot be accepted since, it is mandatory for all students to satisfy minimum attendance prescribed by University to qualify to appear for examinations. Fact that, even by date of filing of writ petitions, admissions for Academic Year 2016-17 were closed as per University's notice dated 22nd September, 2016, Single Judge had rightly declined to entertain writ petitions.

Relevant : Rahul Kumar Singh v. University of Delhi & Others


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