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Saturday, November 19, 2011

HIGH COURT NOTICE TO DU ON M.A. (MUSIC) ADMISSION CRITERIA

HIGH COURT NOTICE TO DU ON M.A. (MUSIC) ADMISSION CRITERIA

 

Delhi High Court (A.K.Sikri ACJ & Rajeev Sahai Endlaw J) on Friday has issued notices to Delhi University, Faculty of Music & Fine Arts, Ramjas College and Shri Avinash Kumar Jha on the petition filed by Ms. Babita Rawat through Advocate Ashok Agarwal questioning the validity of the admission criteria for M.A. (Music) (Hindustani Vocal) which solely based on 100% performance at the Entrance Test.  "Rule 3 of the Rules, Regulations and Eligibility Conditions for admissions 2011-12 in M.A. (Music) (Hindustani) whereby the merit list is drawn solely on the basis of performance at the entrance test (practical) is arbitrary, discriminatory, unjust, illegal, unconstitutional, violative of Articles 14, 15 & 21 of the Constitution of India read with the provisions of Delhi University Act, 1922", argued Mr. Agarwal.

 

The petitioner states that she has been denied admission in M.A.(Music) despite the fact that she secured 63% marks in aggregate in B.A.(Music) in the academic year 2011-12 while studying in Ramjas College. She also stated that Avinash Kumar Jha who was not eligible to be even registered for the course has not only been selected but also granted admission in M.A.(Music) in Ramjas College.

 

"Merit list is drawn solely on the basis of the performance in the entrance test (practical).No written test is taken at all.  Even no record of entrance test (practical) is prepared and maintained by the Selection Committee. The decisions to select candidates are solely at the whims and fancies of the members of the Committee. Such a criteria is open to discrimination, favoritism, arbitrariness and therefore, impermissible in law", submitted Mr. Agarwal.

 

Next date of hearing is fixed for 27.01.2011.

 

Ashok Agarwal, Advocate

M-09811101923

19.11.2011

 

 

 

 

IN THE HIGH COURT OF DELHI AT NEW DELHI

W.P. (C) NO.  8129 OF 2011

 

IN THE MATTER OF:                                

 

Writ petition under Article 226 of the Constitution of India;

AND

IN THE MATTER OF:                                

Constitutional validity of Rule 3 of Rules, Regulations and Eligibility Conditions for Admissions 2011-12 of Department of Music, University of Delhi whereby merit list is drawn  solely on the basis of performance at the entrance test (practical) for admission in M.A. (Music);

AND

IN THE MATTER OF:                                

Selection and allotment of seat to Mr. Avinash Kumar Jha in M.A. (Music) in the academic year 2011-12 in violation of Rule 10 of  Rules, Regulations and Eligibility Conditions for Admissions 2011-12;

AND

IN THE MATTER OF:             

Inaction on the part of the Faculty of Music & Fine Arts, Department of Music, University of Delhi to select and to allot seat in M.A. (Music) (Hindustani) in the academic year 2011-12;

AND

IN THE MATTER OF:       

Fundamental right to education as guaranteed to the petitioner under Articles 14, 15 and 21 of the Constitution of India read with the provisions of Delhi University Act, 1922

AND

IN THE MATTER OF:  

                              

1)      Constitution of India

2)      Delhi University Act, 1922

3)      Rules, Regulations and Eligibility Conditions for Admissions 2011-12

AND

IN THE MATTER OF

Ms. Babita Rawat,

D/o Shri Prem Singh Rawat,

R/o A-5/95, Sector-17,

Rohini,

Delhi-110089                                               .....  Petitioner                                                                     

                                                  Versus

 

1.       University of Delhi,

          Through its Registrar,

          University Campus,      

Delhi-110 007

 

2.       Faculty of Music & Fine Arts,

          Through Head of the Department,

          Department of Music,

          University Campus,      

Delhi-110 007

 

3.       Ramjas College,

          Through Principal,

          University Campus,      

Delhi-110 007

 

4.       Mr. Avinash Kumar Jha,

          Student of M.A. (Music)

          Through Principal,

          Ramjas College,

          University Campus,      

Delhi-110 007.                                            …Respondents

 

To

THE HON'BLE CHIEF JUSTICE

OF HIGH COURT OF DELHI AT

NEW DELHI AND HIS COMPANION

JUSTICES OF THE SAID HIGH COURT

The humble petition of the petitioner above named

MOST RESPECTFULLY SHOWETH:

 

1.       The petitioner by the present writ petition is challenging the constitutional validity of Rule 3, Regulations and Eligibility Conditions for admissions 2011-12 of the Faculty of Music & Fine Arts, Department of Music, University of Delhi whereby the seats are allotted to candidates in M.A. Music (Hindustani) course solely on the basis of entrance test (practical).  The petitioner   is also challenging the validity of selection and allotment of seat to Shri Avinash Kumar Jha, Respondent No.4, in M.A. (Music) (Hindustani) Course in the academic year 2011-12.  The petitioner is further challenging the validity of inaction on the part of the Faculty of Music & Fine Arts, Department of Music, University of Delhi to select and allot seat in M.A. (Music) (Hindustani) in the academic year 2011-12.  It is respectfully submitted that the impugned Rule 3 of the Rules, Regulations and Eligibility Conditions for admissions 2011-12 in M.A. (Music) (Hindustani) whereby the merit list is drawn solely on the basis of performance at the entrance test (practical) is arbitrary, discriminatory, unjust, illegal, unconstitutional, violative of Articles 14, 15 & 21 of the Constitution of India read with the provisions of Delhi University Act, 1922.  It is also respectfully submitted that the selection and allotment of seat to Shri Avinash Kumar Jha in M.A. (Music) (Hindustani) Course in the academic year 2011-12 is in clear violation of Rule 10 of  the Rules, Regulations and Eligibility Conditions for admissions 2011-12 of the Faculty of Music & Fine Arts, Department of Music, University of Delhi.  It is further respectfully submitted that the impugned inaction on the part of  Faculty of Music & Fine Arts, Department of Music, University of Delhi to select and to allot seat in M.A. (Music) (Hindustani) Course to the petitioner in the academic year 2011-12 is arbitrary, unconstitutional, discriminatory, violative of Articles 14, 15 & 21 of the Constitution of India and also contrary to the Rules, Regulations and Eligibility Conditions for Admissions 2011-12 of the Faculty of Music & Fine Arts, Department of Music, University of Delhi.

 

2.       The petitioner by the present writ petition has raised the following vital questions of law of general as well as of private importance for determination by this Hon'ble Court:-

 

(i)      Whether the impugned Rule 3 of the Rules, Regulations and Eligibility Conditions for Admissions 2011-12 of the Faculty of Music & Fine Arts, Department of Music, University of Delhi. Whereby for the purpose of admissions in M.A. (Music) (Hindustani) Course 2011-12 the merit list is drawn solely on the basis of performance at the entrance test (practical) is arbitrary, discriminatory, unjust, illegal,  unconstitutional, violative of Articles 14, 15 & 21 of the Constitution of India read with the provisions of Delhi University Act, 1922 and the ordinances made thereunder ?

 

(ii)     Whether the selection and allotment of seat to Shri Avinash Kumar Jha in M.A. (Music) (Hindustani) in the academic  year 2011-12 is illegal, arbitrary, discriminatory, unjust, illegal,  unconstitutional and in clear violation of  Rule 10 of the Rules, Regulations and Eligibility Conditions for Admissions 2011-12?

 

(iii)    Whether the impugned inaction  on the part of  Faculty of Music & Fine Arts, Department of Music, University of Delhi to select and to allot seat in M.A. (Music) (Hindustani) in the academic year 2011-12 to the petitioner is  illegal, arbitrary, discriminatory, unjust, violative of Articles 14, 15 & 21 of the Constitution of India read with the provisions of Delhi University Act, 1922 and the ordinances made thereunder  and also contrary to the Rules, Regulations and Eligibility Conditions for Admissions 2011-12 of the Faculty of Music & Fine Arts, Department of Music, University of Delhi?

 

 

3.       The facts of the case, so far as relevant for the purposes of the present petition, are given in brief, as under.

 

4.       The petitioner has passed B.A. (Music) (Hindustani) from Ramjas College, University of Delhi in the academic year 2010-11 and secured 63% marks in aggregate.  It is submitted that being eligible  to be considered for M.A. (Music) (Hindustani) Course in the academic year 2011-12 in the University of Delhi in terms of the Rules, Regulations and Eligibility Conditions for Admissions 2011-12 of the Faculty of Music & Fine Arts, Department of Music, University of Delhi for admission in M.A. (Music) (Hindustani) in the academic year 2011-12.

 

                   A true copy of the mark sheet and the provisional certificate of the petitioner passing the B.A. (Music) (Hindustani) Course in 2010-11 are enclosed herewith and marked asAnnexure-A/Colly.

 

5.       The petitioner submits that Shri Avinash Kuamr Jha, Respondent No.4 herein, also applied for admission in M.A. (Music) (Hindustani) Course in the academic year 2011-12 in the Faculty of Music & Fine Arts, Department of Music, and University of Delhi.  It is respectfully submitted that Shri Avinash Kumar Jha was not eligible to apply for the said course in terms of Rule 10 of the Rules, Regulations and Eligibility Conditions for Admissions 2011-12, Shri Avinash Kumar Jha was not only allowed to appear in the entrance test (practical) but was also selected and allotted a seat in Ramjas College, University of Delhi.

 

                   A true copy of the mark sheet of Shri Avinash Kumar Jha of B.Com is enclosed herewith as Annexure-B.

 

6.       The petitioner submits that she along with other candidates were subjected to entrance test (practical) conducted in the month of July, 2011 by Four Members Selection Committee, constituted by the  Faculty of Music & Fine Arts, Department of Music, University of Delhi.   It is submitted that the Faculty of Music & Fine Arts, Department of Music, University of Delhi exhibited the first and second list and finally the final list of selected candidates on 5thAugust, 2011 and the name of the petitioner was not shown in any of these lists. 

 

                   True copies of the first and third lists of the selected candidates are enclosed herewith as Annexure-C/Colly.

 

7.       The petitioner submits that she through her father applied for information under Right to Information Act, 2005   consequent therepon the petitioner got the B.Com mark sheet of Shri Avinash Kumar Jha, marks having been obtained by each candidate in the entrance test (practical) which was held in the month of July, 2011 for M.A. (Music) (Hindustani) Course in the academic year 2011-12.

 

                   True copies of the details of marks having been obtained by each candidate in the said entrance test (practical) is enclosed herewith as Annexure-D.

 

8.       The petitioner submits that there are 30 seats in total in the M.A. (Music) (Hindustani) Course in the University of Delhi in the academic year 2011-12.  It is submitted that on the basis of the marks having been obtained by the candidates in the entrance test (practical), she got 31st position and Shri Avinash Kumar Jha got 30th position.

 

                   The petitioner invite attention of this Hon'ble Court to the impugned Rule 3 of the Rules, Regulations and Eligibility Conditions for Admissions 2011-12  of the Faculty of Music & Fine Arts, Department of Music, University of Delhi which is reproduced, as under:-

 

                   "3.     Admission List:

The merit list is drawn on the basis of the performance at the Entrance Test (practical), B.A. and M.A. separately, for Hindustani and Karnatak Music whereas for M.Phil the marks of entrance test (theory) and practical test will be taken into consideration.  The admissions are made, strictly, in order of merit, subject to availability of seats for the Course, concerned.  The selected candidates for B.A. & M.A. course are required to seek admission to the colleges assigned to them by the Department of Music, on or before the stipulated dates announced in each college, separately."

 

          A copy of the Rules, Regulations and Eligibility Conditions for Admissions 2011-12 is enclosed as Annexure-E.

 

9.       The petitioner respectfully submits that in terms of the afore-mentioned Rule 3, merit list is drawn solely on the basis of the performance in the entrance test (practical).  It is submitted that no written test is taken at all.  Even no record of entrance test (practical) is prepared and maintained by the Selection Committee.  It is submitted that the decisions to select candidates is solely at the whims and fancies of the members of the Committee.  It is respectfully submitted that the said impugned Rule 3 is arbitrary, discriminatory, illegal, unjust, unconstitutional, violative of Articles 14, 15 & 21 of the Constitution of India as the same is open to favoritism, discrimination and corruption.

 

                   The petitioner invites attention of this Hon'ble Court to Rule 10 of the afore-mentioned Rules which is reproduced as under:-

                  

"10.   Admission of Compartmental Candidates:

 

(a)              For admission to the M.A. Music Course:

 

(i)      candidates who have been placed under compartment in one of the papers by the University of Delhi will be allowed to register themselves for provisional admission to M.A. Music Course if they satisfy the prescribed requirements of the course concerned (by adding the minimum pass marks of the paper in which the student has been placed in compartment to the marks obtained in the remaining papers).

 

(ii)     candidates of Delhi University who have been placed under compartment in one of the concurrent courses and are otherwise eligible for admission to M.A. Music Course shall be permitted to register themselves for provisional admission subject to their passing the examination in concurrent courses, in September/October of the year of admission. 

 

(iii)    candidates who have been placed under compartment either in concurrent courses or in elective subject, in which they are placed under compartment plus the marks in other subjects, if selected the admission of the students falling under category (i) or (ii), above, shall be provisional subject to their passing the compartmental examination in September/ October of the year of the admission. 

 

          Students, who fail to pass the compartmental examination in September/October of the years of his/her admission, shall not be allowed to continue on the rolls and their provisional admission shall stand cancelled without any notice to them. 

 

          Candidates from other Universities, who have been placed under compartment, shall not be eligible for registration/admission.

 

b.                 For admission to the B.A. (Hons.) Music Course:

 

(i)                candidate placed under compartment in one subject only at; the Senior School Certificate Examination of the Central Boards of Secondary Education, Delhi or an examination recognized as equivalent thereto of any Statutory University/Board will be eligible for provisional admission in B.A. (Hons.) Music Course if they obtain the required minimum percentage of marks in the aggregate by adding the minimum pass marks of the subject in which the candidate has been placed under compartment, to the marks obtained in remaining subjects.

 

(ii)     candidates who fail to appear or fail to pass at the Compartmental examination by December of the year of his admission, shall not be entitled to continue on the rolls and their provisional admission will stand cancelled without any notice to them."

 

10.     The petitioner submits that Shri Avinash Kumar Jha, Respondent No.4 herein was not eligible to register himself for the provisional admission to M.A. (Music) (Hindustani) Course as he was not satisfying the prescribed requirement of the course concerned.  It is submitted that Shri Avinash Kumar Jha got compartment in the B.Com Examination 2010-11.  It is submitted that in terms of the Rules and Regulations, he was required to have minimum of 45% of marks in aggregate in B.Com examination which he did not have even by adding the minimum pass marks of the paper in which he had been placed in compartment to the marks obtained in the remaining papers.  It is submitted that by adding the minimum pass marks of the paper in which Shri Avinash Kumar Jha had been passed in compartment to the marks obtained in the remaining papers the aggregate marks comes to 42.14% and therefore been below the minimum 45% marks aggregate required for registration in M.A. (Music) Course.  It is respectfully submitted that Shri Avinash Kumar Jha was not eligible for registration for the said course.

 

11.     The petitioner therefore, respectfully submits that selection and admission of Shri  Avinash Kumar Jha in M.A. (Music) (Hindustani) Course in the academic year 2011-12 is ab-initio illegal and bad in law and deserves to be set aside by this Hon'ble Court. 

 

12.     The petitioner respectfully submits that in case the selection and admission of Shri Avinash Kumar Jha, Respondent No.4 herein is quashed by this Hon'ble Court, the petitioner being the next one in the list would be entitled to admission in the said course, in the academic year 2011-12.

 

13.     The petitioner submits that her father made representations dated 17/24.08.2011 and 06.09.2011 to the Vice Chancellor of Delhi University, the Respondent No.1 herein, thereby requesting them to interfere in the matter to set the things right so that larger interests of genuine students are protected and the respect of the Delhi University is also upheld and maintained in the hearts of millions of citizens.  However, no action was taken by the Respondent No.1 in the matter.

 

                   True copies of the said representations dated 17/24.08.2011 and 06.09.2011 are enclosed herewith and marked as Annexure-F/Colly.

 

14.     The petitioner begs to challenge the impugned inactions on the part of the respondents on the following, amongst other, grounds:-

 

A.      Because the impugned action/inaction on the part of the respondents are  arbitrary, discriminatory, unconstitutional, unjust, violative of Articles 14, 15 & 21 of the Constitution of India read with the provisions of Delhi University Act, 1922 and the ordinances thereunder.

 

B.      Because the impugned Rule 3 of the Rules, Regulations and Eligibility Conditions for Admissions 2011-12 is open to discrimination, favoritism, discriminatory and arbitrary exercise of powers by the Selection Committee in the matter of selection of candidates in the M.A. (Music) (Hindustani) course because the impugned Rules gives arbitrary and unguided powers to the selection committee to select any candidate at their whims and fancies, no written test of any kind is taken in the matter.  The merit list is prepared on the basis of entrance test (practical) which is contrary to catena of judgments delivered by the Hon'ble Supreme of India and various Hon'ble High Courts of India.  Even assuming though not admitted that selections can be made solely on the basis of entrance test (practical), in absence of any guidelines for the same, such entrance test (practical) would be arbitrary, discriminatory and unconstitutional.  In the present case candidates who were having meritorious record in their B.A. Course were ignored and on the other hand, who were less meritorious record or very poor were selected.  The present criteria and method for selection of candidates for M.A. (Music) (Hindustani) Course is totally unjustified, unreasonable unfair and irrational.

 

C.      Because the impugned inaction on the part of the respondent No.2 in selecting Mr. Avinash Kumar Jha in the M.A. (Music) (Hindustani) Course 2011-12 is arbitrary, illegal, unconstitutional and in clear violation of Rule 13 of the Rules, Regulations and Eligibility Conditions for Admissions 2011-12 in terms of which he was not even eligible for registration of his candidature with the Faculty of Music & Fine Arts, Department of Music, University of Delhi.

 

D.      Because the selection of Mr. Avinash Kumar Jha in M.A. (Music) (Hindustani) Course is ab-initio illegal and contrary to Rule 10 of  Rules, Regulations and Eligibility Conditions for Admissions 2011-12.

 

E.      Because the petitioner was not only eligible but also entitled to be selected for one of the 30 seats in M.A. (Music) (Hindustani) Course 2011-12.

 

F.      Because the impugned action/inaction on the part of the respondents No.1 to 3 are otherwise also bad in law.

 

15.     That the Petitioner has no other efficacious remedy available except to prefer the present Writ Petition.

 

16.     That the Petitioner has not filed any other similar Writ Petition in this Hon'ble Court or in any other High Courts in India or in the Hon'ble Supreme Court of India against the impugned inactions on the part of the Respondents.

 

17.     That the annexures as annexed hereto are true and correct copies of their respective originals.

PRAYER

In the premise aforesaid, the petitioner most respectfully prays that this Hon'ble Court may be pleased to:-

(a)     declare the Rule 3 of Rules, Regulations and Eligibility Conditions for Admissions 2011-12 of Department of Music, University of Delhi, Respondent No.2 herein as illegal, arbitrary, discriminatory, unconstitutional and violative of Articles 14, 15 & 21 of the Constitution of India read with the provisions of Delhi University Act, 1922 and strike down the same;

(b)    issue an appropriate writ, order or direction, thereby setting aside the selection and admission of Shri Avinash Kumar Jha, Respondent No.4 herein in M.A. (Music) (Hindustani) course in the academic year 2011-12; 

(c)      issue an appropriate writ, order or direction, directing the Respondent No1 to 3 to consider the  case of the petitioner for admission in M.A. (Music) (Hindustani) course in the academic year 2011-12;

 (d)    pass any other order or orders as may be deemed just and appropriate, in the interest of justice in favour of the petitioner and against the respondents; and

(e)      allow the present writ petition with cost, in favour of the petitioner. 

 

 

 

Ashok Agarwal,  Kusum Sharma & Anuj Agarwal

Advocates for the Petitioner

483, Block-II, Lawyers Chambers,

Delhi High Court, New Delhi – 110003

Ph: 23384000, Mob-9811101923

Place: New Delhi

Dated: 15.11.2011

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