The SRCC college had earlier denied admission to the student
Sunny Goel. He had obtained 87 marks in English subject in this XII board exam.
He applied for revaluation to CBSE. As a result, the marks increased to 95.
This increased his percentage in best of four subjects including English from
95.5% to 97.5% which now made him eligible to get admission in B.Com (Honors) course in the
prestigious Shri Ram College of Commerce of Delhi University, his dream
college. However, when he approached the college with the revised marksheet,
the college refused him the admission saying admission in college had closed
and no seat left in said course. He argued that he was not at fault, but
college expressed helplessness.
Mr. Sunil Goel, advocate filed writ petition in Delhi High
Court for him. The single Judge (Justice Manmohan) allowed the Writ Petition (Civil)
No.4415/2014 on 25th August 2014. Court held that the entire process of
rechecking and revaluation will be rendered redundant and will lose its purpose
if the student is denied benefit of enhanced marks. The student can not be
penalised for the mistake of the Board in evaluating the answer scripts of the
student in the first instance or due to delay on the part of the Board to
declare the result of revaluation. Court laid down that the students whose
marks increase on revaluation by CBSE can not be denied admission by Delhi
University colleges when they approach a college with their revised marksheet,
on the ground that admission in the meanwhile has closed in particular course
in their college or that no seat is now left in said course in their college. The
Court held that the entire process of rechecking and revaluation will be
rendered redundant and will lose its purpose if the student is denied benefit
of enhanced marks. The student can not be penalised for the mistake of the
Board in evaluating the answer scripts of the student in the first instance or
due to delay on the part of the Board to declare the result of revaluation.
But college filed appeal. The Division Bench (Chief Justice
G.Rohini and Justice RS Endlaw) also ruled in petitioner’s favour on 9th
September in LPA No.574/2014 and dismissed college's appeal.
The college finally gave admission to petitioner on 18th
September 2014.
This is big victory for students.
Read single Judge Judgment :
Read Division Bench judgment :
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