Shri Birender Singh v. Union of India and Ors

RAJIV SAHAI ENDLAW, J. MAY 02, 2014 "gsr"..

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: 2nd May, 2014. + SHRI BIRENDER SINGH ..... Appellant Through: Mr. M.K. Gautam, Adv. Versus UNION OF INDIA AND ORS ..... Respondents Through: Mr. Talish Ray, Adv. for R-1. Mr. C. Prakash, Adv. for R-2. Mr. Vikas Chopra, Adv. for R-3. CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW 1. This intra-court appeal impugns the judgment dated 28th February, 2014 of the learned Single Judge of this Court of dismissal of W.P.(C) No.2029/2013 preferred by the appellant. The said writ petition was preferred seeking a direction to the respondent no.3 Guru Gobind Singh Indraprastha University (GGSIPU), i) to restore the lateral admission of the appellant on the basis of common entrance test conducted by the respondent no.3 GGSIPU in the respondent no.4 Northern India Engineering College in the year 2009-10 in the 3rd Semester of the B.Tech. (Mechanical and Automation Engineering) course; ii) to allow the appellant to appear in the practical examination for the 8th semester scheduled to be held in the month of May, 2013; iii) to quash the letter dated 4th March, 2013 declaring the result for the 5th, 6th and 8th semester as null and void; iv) for a direction to the respondent no.3 to declare the result of the appellant for the 3rd, 4th and 7th semesters which had been withheld; and, v) for directing the respondent no.3 to award degree of B.Tech. (Mechanical & Automation Engineering) course of the year 2013 to the appellant. 2. The undisputed facts are: (i) that the appellant, to be eligible for such lateral admission in the year 2009-2010, was required to have passed the Diploma examination by 15th October, 2009, later extended to 31st December, 2009; (ii) that the appellant had not passed the said diploma course, neither by 15th October, 2009 nor by 31st December, 2009 and passed the same in June, 2011; (iii) that the appellant at the time of commencement of the academic year 2009-10, was provisionally admitted on his representation that he had given the exam of Diploma (Instrument & Control) for the year 2009 but the result thereof had not been declared and had undertaken to submit the result upto 31st December, 2009; (iv) that the appellant continued to deposit the tuition fee and was continued to be issued admits cards for the semester examinations and the result of the examination taken by him for the 5th, 6th & 8th semester was declared, though the result for the 3rd, 4th, and 7th semesters was withheld; (v) that the appellant filed W.P.(C) No.692/2013, vide order in which the appellant was permitted to take the practical examination being conducted in the month of May, 2013 and the respondents directed the consider the case of the appellant; (vi) that the respondent University ultimately vide letter dated 4th March, 2013 communicated to the appellant; a) that upon the appellant not submitting proof of his eligibility for admission, the provisional admission of the appellant had been cancelled vide letter dated 24th December, 2009; b) that the appellant had concealed from the Examination Division the fact that his provisional admission had been cancelled and continued to appear in the end-term examinations of 3rd, 4th, 5th, 6th, 7th & 8th semesters during the period December, 2009 to May, 2012; c) the Examination Branch inadvertently declared results of the appellant for the 5th, 6th & 8th semesters examination; d) that the decision on the representation of the appellant for restoration of his provisional admission was pending consideration; e) that since the admission of the appellant had not been restored, the result of the appellant for the 3rd, 4th & 7th semesters had been withheld and the result inadvertently declared of 5th, 7th & 8th semesters had been declared as null and void. 3. It was the contention of the appellant before the learned Single Judge, that since the appellant had "now" concluded the diploma course, he should at least be granted