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2007 DIGILAW 1804 (DEL)

RAVI KUMAR v. ARYA BHAT POLYTECHNIC

2007-09-26

S.RAVINDRA BHAT

body2007
JUDGMENT S. Ravindra Bhat, J. (Open Court)-Rule. Ms. Zubeda Begum waives notice of rule. With the consent of Counsel for the parties the matter was heard finally. 2. The petitioner seeks mandatory directions to the respondents to declare his results for the final year examination for the Diploma Course in (Vocational Stream) and also issued Memorandum of Marks to him. 3. The undisputed facts are that the petitioner applied and was granted admission in the 3 years Diploma Course (Vocational Stream) directly in the second year after he passed the 10+2 Examination with vocational subjects. This method of "lateral entry" was and continues to be permitted. At the relevant time i.e. Academic Year 2000, the eligibility criteria spelt out for such candidates seeking admission directly to the Second Year in the Diploma Course was as follows: "VOCATIONAL STREAM ELIGIBILITY Automobile Engineering, Pass in the 12th of Vocational Electrical Engineering,Stream of CBSE from Delhi Electronics Engineering.with subjects analogous to the Mechanical Engineering Engineering Disciplines. The & Production Engineering. students should have passed Physics, Chemistry and Mathematics. 4. Though the petitioner had qualified the CBSE Examination with Vocational Stream subjects, he had not offered Physics and Chemistry, two essential subjects. He was therefore granted admission subject to furnishing of an undertaking read as follows: "GOVT. OF DELHI ARYABHATT POLETECHNIC G.T.K. ROAD, DELHI. ADMISSION CENTRAL:ARYABHATT POLYTECHNIC UNDERTAKING I HEREBY UNDERTAKE THAT I WILL PASS THE PHYSICS, CHEMISTRY AND MA THEMA TICS WHEREEVER PRESCRIBED IN THE FIRST YEAR I AND II SEM. OF CURICULLA OF COURSES IN WHICH AM ADMITTED. Sd/ (Ravi Kumar) ALLOTTED ROLL NO." 5. It is averred and contended that the petitioner qualified in the required subjects through National Open School within the stipulated period. Reliance has been placed upon a certificate dated 8.12.2003 showing that the petitioner was declared (sic. pass) in the two subjects by the National Institute of Open School. This writ petition has been filed claiming the reliefs sought on the ground that the respondents have wrongly refused to declare the result as the petitioner did not fulfil the eligibility criteria. 6. It is contended by learned Counsel that the petitioner fulfilled the requirements spelt out as he qualified the National Open School in the concerned subjects within the over all time-frame of the course. Counsel placed reliance upon the undertaking furnished as well as the Circular dated 25.9.2000 issued by the Govt. 6. It is contended by learned Counsel that the petitioner fulfilled the requirements spelt out as he qualified the National Open School in the concerned subjects within the over all time-frame of the course. Counsel placed reliance upon the undertaking furnished as well as the Circular dated 25.9.2000 issued by the Govt. of NCT, Department of Training and Technical Education. 7. Learned Counsel for Govt of NCT appearing on behalf of the institution, opposed the claim in these proceedings. It was contended that candidates desiring direct admission in the second year of the Diploma Course had to fulfil the eligibility conditions; they should have offered Science and Mathematics subjects. However, in that academic year i.e. 2000 the Department relieved candidates from the condition, subject to their fulfilling the requirement of having to qualify in the concerned subjects from the Institute. Heavy reliance was placed upon the letter/circular dated 25.9.2000 which reads as follows: "To 1. All the Principals of Govt. Polytechnics Private Polytechnics, Delhi/New Delhi. 2. The Registrar, Board of Technical Education, Pitampura, Delhi. Sub: Admission of Vocational Stream Students Sir /Madam, The students passing out of the Vocational Stream of Central Board of Technical Education (CBSE) in Delhi have been allowed admissions in second year of Diploma course in Engineering this year on the condition that they will pass the subjects of Physics/ Chemistry and Mathematics wherever prescribed in the 1st year of Diploma Course if they have not passed these subjects during their studies in school in the 10+2 stage. This was clearly mentioned to them while giving admission. So, you are requested to identify such cases and ....otherwise they will not be awarded the Diploma. Yours faithfully, (R.S. Chaudhary) O.S.D. (TE)" 8. Learned Counsel contended that the qualification relied upon by the petitioner i.e. the National Open School cannot be pressed into service as it has not been recognised by the Govt. of NCT. The above facts would show that the petitioner like other applicants who had acquired his 10+2 Examination in the Vocational Stream was at the relevant stage admitted to the second year of the Diploma Course. However, he did not possess full eligibility inasmuch as two essential prescribed subjects had not been cleared by him. For that academic year i.e. 2000-01 the Government of NCT had relieved candidates from the necessity of qualifying in the three subjects, as a precondition for admission. However, he did not possess full eligibility inasmuch as two essential prescribed subjects had not been cleared by him. For that academic year i.e. 2000-01 the Government of NCT had relieved candidates from the necessity of qualifying in the three subjects, as a precondition for admission. Therefore, it issued the Circular dated 25.9.2000. 9. Though the respondents have relied on the undertaking and submitted that the petitioner did not fulfil its terms, I am of the opinion that nothing really turns on it because the undertaking really records that the student would pass the three subjects wherever prescribed in the first year of the course to which he is admitted. The undertaking does not spell out - as the petitioner perhaps was not required to spell out the time-frame within which the subjects were to be cleared or even the institution. Therefore, the only bone of contention is the Circular dated 25.9.2000 upon which both parties placed reliance. Now it is well settled that where a condition is sought to be relieved through an exemption, the circular granting exemption has to be construed in its terms. The letter dated 25.9.2000 required candidates admitted in the second year Diploma Course from the Vocational Stream to clear the concerned subjects i.e. Physics/ Chemistry /Mathematics prescribed in the first year Diploma Course if they had not passed the subjects during their studies in the 10+2 stage. The time-frame as is sought to be contended by the respondents, has not been clearly spelt out. No doubt intention is that the candidate should clear the subjects. However, the respondents did not convey that intention in precise terms, that it should be done within the first year of the candidates entry into the course. Likewise, there is no stipulation that the candidate has to appear in the examination for that those subjects in the same Institution nor is it made clear that any other Institution, much less the National Open School was un-recognised. 10. In view of the above discussion, in the peculiar facts of this case, the petition is entitled to succeed. The respondents are hereby directed to declare the petitioners result within two weeks, and ensure that the requisite mark-sheet and certificate/ diploma, as the case may be (in case the petitioner qualified in the course) is issued and furnished to him, within four weeks. 11. The respondents are hereby directed to declare the petitioners result within two weeks, and ensure that the requisite mark-sheet and certificate/ diploma, as the case may be (in case the petitioner qualified in the course) is issued and furnished to him, within four weeks. 11. The writ petition and pending applications are allowed in the above terms without any order on costs.