Delhi High Court has said that deduction of 2.5 % by Delhi University for inclusion of subjects like Multimedia and web technology in the best four subjects is a violation in Article 14 in Constitution Of India.
Sanchi Dilaveri filed a PIL in the court and the judgement was passed by a single bench of justice Rajiv Shakdher
The petitioner gave class 12 board examination conducted by Central Board of Secondary Education ( CBSE ) in may 2019. The subjects chooosen were in line with the Circular No.26 dated 23 October 2003 issued by the CBSE were as follows :
(i) English Core (ii) Economics (iii) Business Studies (iv) Accountancy (v) Multimedia and Web Technology (vi) Mathematics (vii) Work Experience (viii) Physical and Health Education and (ix) General Studies.
In June 2019 , the petitioner had applied for an online application for getting admission into BA Honours (Business Economics) programme at Delhi University. She had scored 92% in her best four subjects .I.e. English, Business Studies, Economics, and Multimedia and Web Technology.
Petitioner was left with no option but to take admission in shyam lal evening college . Petitioner Moved to high court for the same. As an interim measure, the petitioner was granted provisional admission in the morning session at Satyawai College against a seat vacant in the EWS category.
The argument given by petitioner was that the cutting of 2.5 % marks was unsustainable in the law and contrary to the provisions of the 2003 circular issued by the CBSE. The circular had granted equal weightage to all three courses related to computers i.e. Computer Science, Informatics Practices, and Multimedia and Web Technology.
Du has argued that there was no provision of cutting down of marks in the information bulletin of 2019 – 20 . This was done according to the directions contained in a judgment passed by a Division Bench of the Court in Charanpal Singh Bagri v. University Of Delhi.
It was argued that as per the judgment, Delhi University had to grant admissions in the academic session of 2019-2020 based on the eligibility criteria provided for admissions to the undergraduate courses in the academic session 2018-2019.
It was also argued by that seat available in Satyawati college was a Seat for EWS category and the petitioner belonged to General Category and therefore the petitioner will not get admission into a regular course
The court said a mid-stream change could not have been brought about by the University without consulting the CBSE. The Court also rejected the argument that the seat provisionally offered to petitioner was an EWS seat and thus could not be granted to a candidate from the general category.
The court said DU guidelines of cutting of marks was done according to the information bulletin issued for the academic session 2018-19 could not sustained, as the petitioner could not have altered her choices of subjects after she had indicated her options in 2016-17.
After the whole process the petitioner was given regular admision into morning classes in Satyawati College .