Rajesh Kumar v. University Of Delhi And ANR

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 5280/2016 RAJESH KUMAR ..... Petitioner Through: Mr. Ramesh Kr. Mishra, Advocate with Mr. Kabir Dixit, Advocate.

versus UNIVERSITY OF DELHI AND ANR ..... Respondents Through: Mr. Mohinder J.S. Rupal, Advocate for University of Delhi.

CORAM:

HON'BLE MR. JUSTICE MANMOHAN

O R D E R

% 31.05.2016 CM Appl. 22093/2016 (exemption) in W.P.(C) 5280/2016 Allowed, subject to just exceptions.

W.P.(C) 5280/2016 & CM Appl. 22094/2016 Present writ petition has been filed seeking a direction to respondentUniversity of Delhi to reschedule the LL.B. Entrance Examination to be held on 22nd June, 2016.

It has been averred in the petition that petitioner is pursuing his last year Bachelor degree from IGNOU, passing of which will make him eligible for admission in LL.B. course.

It has been further averred that LL.B. Entrance Examination of Delhi University scheduled on 22nd June, 2016 clashes with one of the final term

examination paper to be conducted by IGNOU.

Learned counsel for petitioner states that holding entrance exam on working days is unreasonable as it bars the petitioner from appearing in the qualifying exam though he belongs to the same class of students that is eligible to appear in the entrance examination. In the opinion of this Court, the best expert to stipulate a date for the entrance exam is the University as it has to take into account various factors like availability of the examination centre, teachers etc. Further, this Court takes judicial notice of the fact that on each and every day, some exam or the other by some university or institute is held. Fixing of any date of exam would certainly cause inconvenience to one or the other individual, but that would not give rise to a justiciable right to the aggrieved party under Article 14 of the Constitution to seek relief from the Court.

In fact, this Court is also of the view that fixing of the examination date should normally not be interfered with by Courts in a writ jurisdiction. Consequently, present writ petition and application are dismissed. Order dasti.

MANMOHAN, J MAY 31, 2016 js