SHALINI SABOO Vs. CENTRAL UNIVERSITY OF JHARKHAND AND ORS.
LAWS(JHAR)-2015-11-124
HIGH COURT OF JHARKHAND
Decided on November 26,2015

Shalini Saboo Appellant
VERSUS
Central University Of Jharkhand And Ors. Respondents

JUDGEMENT

Shree Chandrashekhar,J. - (1.) Initially, the writ petition was filed seeking quashing of result for admission in Ph.D in Tribal and Customary Law for the Academic Session 2015-16 declared on 17.09.2015. The petitioner has filed an interlocutory application being I.A. No. 6169 of 2015 for amending the writ petition by incorporating the following prayers: a. "Addition of paragraph 1(f)seeking following reliefs: "Setting aside/quashing of the merit list for non junior research fellowship applicants in CUCET-2015 examinations for admission in PH.D in Tribal and Customary Law under Central University of Jharkhand (Annexure A at page-10 to the counter affidavit filed by the official respondents) on the ground that the said merit list has not been prepared in accordance with and by strict adherence to the methodology prescribed vide Annexure 3 to the writ petition. b. Addition of paragraph 1(g) seeking following reliefs: "Setting aside/quashing of merit list for junior research fellowship applicants in CUCET-2015 examinations for admission in Ph.D. in Tribal and Customary Law under Central University of Jharkhand (Annexure A at page-11 to the counter-affidavit filed by the official respondents) on the ground that the said merit list has been prepared by illegally extending the benefit of Junior Research fellowship (hereinafter referred as JRF) to the private respondent nos. 5 & 6 in the light of admitted position that the respondent no. 5 has not entered any details in her application form for seeking the benefit, and both the private respondents have appeared in the written entrance test thereby waiving their rights under the principles of estoppels by election "and further on the ground that the said merit list has not been prepared in accordance with the methodology prescribed vide Annexure-3 to the writ petition. c. Addition of paragraph 1(h) seeking following reliefs: "Issuance of consequential writ of mandamus upon the official respondents to remedy and rectify the illegality in preparation of merit list for admission in Ph. D. in Tribal and Customary Law under Central University of Jharkhand for 2015-16 session, in accordance with the prescribed methodology vide Annexure 3 to the writ petition."
(2.) The petitioner claims herself Masters in Law of the Academic Session 2009-11 from Ranchi College under the Ranchi University. The petitioner also a National Eligibility Test (NET) qualified candidate appeared in CUCET-2015 for enrolment in Ph.D in Tribal and Customary Law. The last date for submission of application was 05.05.2015 and the examination for CUCET-2015 was conducted on 06/07.06.2015. The result for CUCET-2015 was published on 15.06.2015, in which the petitioner scored the highest marks. The respondent nos. 5 & 6 also appeared in CUCET-2015 and their ranks were at serial nos. 11 & 4 respectively however, the petitioner was not granted admission and, rather, the respondent nos. 5 & 6 were granted admission.
(3.) Mr. Rupesh Singh, the learned counsel for the petitioner submits that the respondent nos. 5 & 6 did not disclose in their applications that they applied as JRF qualified candidate however, the final merit list discloses that they have been granted admission considering them as JRF qualified candidates. Referring to the application form of the respondent no. 5 for CUCET-2015, it is submitted that the result of respondent no. 5 for JRF examination was declared only on 15.06.2015 and thus, the respondent no. 5 was not qualified for being considered as a JRF qualified candidate. Enumerating various instances of irregularities committed in calculation of marks, the learned counsel for the petitioner submits that the procedure adopted by the respondent-University is completely irrational and the petitioner has been denied admission on erroneous grounds.;


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