Scaling down of marks by DU due to inclusion of Multimedia and Web Technology in best-four subjects violates Article 14, Delhi HC

The Delhi High Court has held that the scaling down of marks by 2.5% by Delhi University because of the mere inclusion of Multimedia and Web Technology as one of the best-four subjects of a candidate was in violation of Article 14 of the Constitution of India..The judgment was passed by a Single Judge Bench of Justice Rajiv Shakdher in a petition preferred by one Sanchi Dilavari (petitioner)..The petitioner sat for the grade-XII examination conducted by the Central Board of Secondary Education (CBSE) in May 2019. The subjects chosen by the petitioner were in line with Circular No. 26 dated October 23, 2003, issued by the CBSE and were as follows:.(i) English Core (ii) Economics (iii) Business Studies (iv) Accountancy (v) Multimedia and Web Technology (vi) Mathematics (vii) Work Experience (viii) Physical and Health Education and (ix) General Studies..In June 2019, the petitioner made an online application for gaining admission the BA Honours (Business Economics) programme at Delhi University. She had secured 92% in the grade-XII examination based on the marks obtained in the best-four subjects i.e. English, Business Studies, Economics, and Multimedia and Web Technology..It was the petitioner’s grievance that she was unable to get admission in a college of her choice as her marks were scaled down by 2.5% on account of Multimedia and Web Technology being included in her best-four subjects..Due to this, the petitioner was left with no option but to take admission for evening classes at Shyam Lal College at Delhi University..Being aggrieved, the petitioner approached the High Court. As an interim measure, the petitioner was granted provisional admission in the morning session at Satyawai College against a seat vacant in the EWS category..The petitioner argued that the scaling down of marks by 2.5% was unsustainable in law and contrary to the provisions of the 2003 circular issued by the CBSE. The circular had granted equal weightage to all three courses related to computers i.e. Computer Science, Informatics Practices, and Multimedia and Web Technology..Delhi University argued that although there was no provision for scaling down of marks in the information bulletin for the academic session 2019-2020, the same was done on account of directions contained in a judgment passed by a Division Bench of the Court in Charanpal Singh Bagri v. University of Delhi..It was argued that as per this judgment, Delhi University had to grant admissions in the academic session 2019-2020 based on the eligibility criteria provided for admissions to the undergraduate courses in the academic session 2018-2019..Delhi University further contended that the issue of scaling down of marks was also raised in Muskan Aggarwal vs. University of Delhi, but no relief was granted..Lastly, it was submitted that since the seat available in the Satyawati College was a seat that fell in the EWS category, the petitioner who belonged to the General category could not be granted admission as a regular student against the said seat..After hearing the parties and perusing the two judgments, the Court opined that neither of the judgments dealt with the issue which arose for consideration in the instant writ petition..“The broad principle which has been formulated in the Division Bench judgement was that change in the eligibility criteria for admission of students to colleges cannot be done midstream. Therefore, if this principle is applied, it would only help the cause of the petitioner.“.The Court noted that in the instant case, what was material was that the petitioner had chosen the subjects that she wished to pursue in grade-XI and grade-XII in 2016-17 after she passed her grade-X exam. The same was made in accordance with the representation made by the CBSE in its circular that all computer subjects had equal weightage..More specifically, it was suggested that irrespective of which of the three courses related to computer a student chooses, it would be at par with other subjects such as Physics, Chemistry, Maths, Accountancy, Geography, etc. for all other purposes..Therefore, a mid-stream change could not have been brought about by the University without consulting the CBSE, the Court held..It further added that Delhi University’s argument that scaling down was done in compliance of the information bulletin issued for the academic session 2018-19 could not sustained, as the petitioner could not have altered her choices of subjects after she had indicated her options in 2016-17..The Court also rejected the argument that the seat provisionally offered to petitioner was an EWS seat and thus could not be granted to a candidate from the general category..It stated,.“Ordinarily, the reserved seat should go to a candidate who falls in such a category. If, however, no candidate is available in the reserved category, the seat ought not to be wasted only because the person seeking admission belongs to the General category.”.The Court thus concluded,.“...I am persuaded to hold that the denial of admission to the petitioner by scaling down her marks by 2.5% because she included Multimedia and Web technology as one of the subjects in the best-four subjects chosen by her was not fair and, in that sense, violative of Article 14; which is the unspoken gravamen of the petitioner’s case..The fact that Multimedia and Web Technology has been singled out for scaling down of marks whereas no such provision is made qua other computer subjects (i.e. Computer Science and Informatics Practices) makes the unfairness even more egregious.”.In view of the above, the Court allowed the petition and granted regular admission to the petitioner for the morning classes at Satyawati College.The petitioner was represented by Advocate Rajeshwari H..Delhi University was represented by Advocates Mohinder JS Rupal and Kousik Ghosh..CBSE was represented by Advocates Amit Bansal and Seema Dolo..Read the Judgment: