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The Delhi High Court has told Delhi University (DU) to inform all students and colleges that since “re-evaluation of marks by the CBSE, on the request of some students, is underway, the merit position of students could change substantially”.
A bench of Acting Chief Justice Gita Mittal and Justice C Hari Shankar on Tuesday said the merit list would also remain provisional until the plea challenging CBSE’s notification of June 28, which restricted the subjects and number of questions for re-evaluation, is decided. The plea is listed for hearing on July 28.
The court’s observations gave hope to students who have applied for re-evaluation and have gone to court as the admission process in DU is already underway and many colleges have closed their doors after they filled all vacant seats. The bench relied on three earlier observations and decisions of the High Court — in April 2011, August 2014, and September 2014 — according to which the university had agreed that it would admit all students, irrespective of availability of seats, even if they produced their marks after re-evaluation till the last cut-off date. Delhi University has to complete its admission process by August 31.
The legal principle in the cases would bind the observations of the court as well, said the bench. “Therefore, as a matter of abundant caution, the students who are seeking admission as well as the colleges need to be kept informed of the pendency of the present writ petition and the fact that re-evaluation of marks…is underway,” said the bench. It directed the Board and DU to file a status report by Wednesday.
M K Pandit, chairman of DU’s admission committee, said the decision of the HC would not affect them much as they already have guidelines in place. “We have a guideline which states that if a student, after evaluation, has an increase in marks, he can go and take admission under the subsequent list. The only rider is that they will be given admission in the college if seats are empty,” said Pandit. DU, however, cannot deny admission to any applicant who gets increased marks after re-evaluation — even if there are no vacant seats — as per the court’s observations on Tuesday and earlier affidavits filed by the university.