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2002 DIGILAW 1529 (DEL)

ANUPAMA BHORIA v. UNION OF INDIA

2002-09-26

MANMOHAN SARIN

body2002
MANMOHAN SARIN ( 1 ) THE petitioner was an aspirant for admission to the BSC (Hons) Nursing Course, conducted by respondent No. 2. The petitioner had passed her 10+2 senior secondary examination from Karnal. Petitioner had submitted her application form for admission to respondent No. 2 Raj Kumari Amrit Kaur College of nursing on 4. 4. 2002. An entrance test was conducted on 21. 6. 2002. Petitioner qualified the same. As per the terms of the prospectus, she was required to furnish the mark-sheet of 10+2 examination, latest by 28. 6. 2002. ( 2 ) CASE of the petitioner is that the mark-sheet was not available from the Board and could only be obtained by her on 2. 7. 2002. She sent the same to respondent No. 2 promptly and was received by them on 4. 7. 2002. Petitioner states that she was disappointed in not finding her name in the list of the candidates admitted to the course. On enquiries being made, petitioner was informed that as she had failed to submit the mark-sheet by the due date, her candidature was not considered. ( 3 ) RESPONDENTS have filed counter affidavit, wherein it is averred that the last date for receipt of the completed application for BSC (Hons) was 9. 4. 2002. The last date for submission of mark-sheet in cases where results were not declared in terms of clause 7 (iv) of the prospectus was 28. 6. 2002. The petitioner did not furnish the mark-sheet which according to the petitioner as the same was not available till 2. 7. 2002. ( 4 ) DR. S. P. SHARMA submits that she had sent the mark sheet on 2. 7,2002. It was received on 4. 7. 2002. Learned - Counsel for the respondent urges that once a cut off date has been fixed it has to be strictly adhered to and especially in this case when the result was also out on 24. 6. 2002, the mark-sheet should have been available immediately thereafter. In the counter affidavit, the respondents have pointed out that it was not a case where only the petitioner had been made ineligible due to not adhering to the last date for submission of mark sheet. There are in all 107 other candidates out of 583, who had passed the entrance test but had been rejected due to non filing of the mark sheet by 28. 6. There are in all 107 other candidates out of 583, who had passed the entrance test but had been rejected due to non filing of the mark sheet by 28. 6. 2002. ( 5 ) COUNSEL states that adequate provision has been made by the respondents to provide for submission of the provisional certificate along with the application form in case the mark sheet was not available initially However, considering that the admission has to attain a finality, the fixation of a cut off date is inevitable. In the instant case it is not only the petitioner, but there are about 107 candidates, who had failed to furnish their mark sheet and who have been held ineligible, in view of the discussion as aforesaid, even though it may be a hard and an unfortunate case, no ground is made out for Interference in the exercise of writ jurisdiction. Writ petition is dismissed.