The Delhi High Court Tuesday dismissed a plea of Shri Ram College of Commerce (SRCC) challenging a single judge order that directed SRCC to admit a student who was denied entry due to delay in re-evaluation of marks by the CBSE.
A division bench of Chief Justice G. Rohini and Justice R.S. Endlaw rejected the contentions of SRCC that a college cannot be directed to admit students beyond its maximum capacity as the University Grants Commission (UGC) funding is based on their maximum intake capacity.
The bench said the college can always approach the University Grants Commission for release of additional funds.
The court agreed with the reasoning given by the single judge who allowed the admission of the student, Sunny Goel, and particularly the ruling that "re-evaluation cannot be an exercise in futility".
"The college (SRCC) is the premium college of commerce in the city and enjoys an enviable position. The same is obvious from the college being the first choice of Sunny Goel. We, therefore, do not find any merit in this appeal, which is dismissed," the bench said in its judgment.
The single judge, Justice Manmohan had recently asked SRCC to grant admission to Goel in this academic year.
The judge had also said that if the college is not left with any seat, a supernumerary seat should be be created by Delhi University.
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It also held that re-evaluation of marks by the Central Board of Secondary Education (CBSE) was not an "exercise in futility" and has to have some "significance and import".
It had directed the college to admit Goel, who was denied entry due to delay in the result of re-evaluation of marks by the CBSE.
Goel sought admission in B.Com. (Honours) in SRCC after his best-of-four percentage increased from 95.5 percent to 97.5 percent following re-evaluation of his papers by the CBSE. He moved the high court after the college denied him admission on the ground that the process concluded July 7 and Goel applied July 10.
Goel said he had applied for re-evaluation but there was a delay on the part of the CBSE in re-evaluating his English paper.
He contended that students with percentages less than him were admitted to SRCC.
Keeping in view the fact that the overwhelming majority of students admitted to colleges under Delhi University belong to the CBSE, the court had also directed the CBSE chairman to meet the vice chancellor to ensure that from the next academic year, "students' re-evaluation marks are taken into account while granting admission to colleges of DU".