Category cannot be changed after Receipt of Application form

Udit Sehgal vs. University of Delhi

Filed under: Articles 14 and 21 of the Constitution of India
Appellant: Udit Sehgal
Respondent: University of Delhi
Citation: 2003 (66) DRJ124
Court: In the High Court of Delhi
Judge: Manmohan Sarin

Facts

Udit Sehgal, a student with good academic credentials had secured 93% marks in the 12th class. He appeared in the competitive entrance examination, for admission to B.E Course of the University of Delhi, for the academic session 2002-2003. He applied in the ‘General Category’ since he was not disabled at the time of filling up the application form. Twenty days before the examination he fell from a running bus and sustained injuries, leading to disability. He claimed that as a result of the trauma of the accident and the loss of hearing, he became disabled prior to the examination and therefore ought to be considered under the DH Category’ representing a handicapped candidate from Delhi.

Significantly, he did not seek category until the results were declared. It appeared that the change in category was sought when he realized that he was not likely to be admitted to the B.E Course in the “general category”. He thereupon pursued for change in category to attempt an admission under the physically handicapped category in B.E course. When he was refused admission he filed this petition for seeking admission under the DH category.

Arguments made on behalf of Udit

It was argued on behalf of Udit Seghal that the benefit of handicapped category would not be confined to only those, who had a genetic disability from the beginning, rather persons who were normal and acquire disability on account an accident, deserved preference and a more compassionate treatment. It was pointed out that persons like him apart from the disability, also undergo the trauma, pain and shock of becoming permanently disabled. They are in greater need of relief and the denial of benefit of physical handicapped category to such a person would be in violation of their fundamental right.

Arguments made on behalf of Delhi University

It was argued on behalf of University of Delhi that there was a complete prohibition on change of category after the receipt of completed application form. Before the receipt of form, Udit was not eligible to apply in the category of physically handicapped. Thus, the subsequent disability would not make him eligible after date of receipt of complete application. Moreover, in this case the admission process was stated to be over.

Observations of the Court

The Court observed that there was a complete prohibition on the change of category after the receipt of the completed form and on and before the date of the receipt, Udit was not eligible to apply in the category of physically handicapped so the authorities had concluded that a case for special circumstance could not be made out and if his disability continued, it would be for him to apply in the handicapped category for the next academic session and take his chance in the changed category.

The Writ Petition was dismissed.

Sections Referred:

  • Articles 14 and 21 of the Constitution of India.

Cases Referred:

  • State of Punjab vs. Bhagwant Singh and Ors., AIR 1985 SC 981
  • K.K.Basu vs. State of West Bengal reported in (1997) 1 Supreme Court Cases 416
  • M.S Grewal and Anr. vs. Deep Chand Sood and Ors., (2001) 8 Supreme Court Cases 151;
  • Kum.C.P.Prathima Devi vs. Medical Council of India and Ors, AIR 2000 Karnataka 197;
  • Harpal Kaur Chahal (Smt.) vs. Director, Punjab Institutions, Punjab and Anr.
  • 1995Supp (4) Supreme Court Cases 706;
  • State of Rajasthan vs. Hitendra Kumar Bhatt, (1997) 6 Supreme Court Cases 574;