Mohd Asiph Shahid Ali v. University of Delhi Through Its Registrar Delhi

RAJIV SHAKDHER, J DECEMBER 16, 2019 aj

Pg.1 of 24 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgement reserved on 12.12.2019 Judgement pronounced on 16.12.2019 + W.P.(C) 9525/2019 MOHD ASIPH SHAHID ALI ..... Petitioner Through : Mr. Manjunath Meled, and Mr. Anuj Saini, Advocates. versus UNIVERSITY OF DELHI THROUGH ITS REGISTRAR DELHI ..... Respondent Through : Mr. Mohinder J.S. Rupal, Mr. Kousik Ghosh, and Ms. Manisha Relia, Advocates. CORAM: HON'BLE MR. JUSTICE RAJIV SHAKDHER JUSTICE RAJIV SHAKDHER Preface:- 1. The captioned writ petition falls in a narrow compass. There are two short issues which arise for consideration in this case. First, whether the petitioner's candidature is rightly resisted by the University of Delhi (in short "University") on the ground that he produced the Other Backward Classes (OBC) certificate on a date beyond the cut-off date when the reason communicated via its official web-portal is "non-payment of fees"? 1.1. In other words, can the affidavit of the University set out reasons different from what was officially communicated to the petitioner? Pg.2 of 24 1.2. Second, even if it is assumed that the University can take recourse to the defence, which is, that the petitioner's OBC certificate dated 07.09.2019 was produced after the cut-off date and hence it cannot be considered – is such a defence valid in the facts and circumstances obtaining in the instant case? Background:- 2. Thus, in order to adjudicate upon these core issues, the following broad facts are required to be noticed. 2.1. The petitioner's family hails from Mathura in the State of Uttar Pradesh. The petitioner's father belongs to the "Quraishi" community. The petitioner's parents, however, carry on business in Kolkata in the State of West Bengal. 2.2. The petitioner was born on 16.11.1993 in Kolkata. 2.3. The petitioner cleared his grade-XII exam in 2013 from a school affiliated to the Board of High School and Intermediate Education, Uttar Pradesh. 2.4. The petitioner obtained a degree in B.A. (Hons.), in 2019, from Baba Saheb Bhimrao Ambedkar University, Uttar Pradesh. 2.5. In June 2019, the University invited applications for various courses and programmes including the 3-year LL.B. programme (in short "LL.B. programme"). The petitioner filed an application qua the LL.B. programme under the OBC (Non-Creamy Layer) category [in short "OBC-NCL category"]. 2.6. As required, the petitioner sat for the Delhi University Entrance Test, 2019 (in short "entrance exam"). Based on the result of the entrance exam, the petitioner's name was shown in the 2nd combined admission list at S. No. Pg.3 of 24 95. This list disclosed that the petitioner had been ranked 139 in the entrance exam. 2.7. Pertinently, even before the 2nd combined admission list was issued, on 15.06.2019, the petitioner had applied to the office of the Welfare Officer for Backward Classes in Kolkata, State of West Bengal, for issuance of an OBC certificate. This step was taken by the petitioner under a bona fide belief that he could obtain the certificate from the State of West Bengal being the State in which he was born. 2.8. On 01.08.2019, the petitioner approached the concerned officer in the University along with the requisite documents for seeking admission. On that date, the petitioner's request for grant of admission was not entertained. 2.9. According to the petitioner, the impediment put forth, albeit orally, was that he did not possess the OBC certificate. The petitioner avers that he informed the concerned officer in the University that even though he had applied for an OBC certificate to the concerned authority in the State of West Bengal he had not received the same and therefore he be given some leeway. 3. The petitioner further claims that in support of his plea, he had produced before the University official the acknowledgement slip issued to him by the concerned office in the State of West Bengal. 3.1. The petitioner claims that based on a written undertaking submitted by him, the concerned offic