Scaling down of marks by 2.5% due the reasons of mere inclusion of Multimedia and Web Technology as one of the best four subjects of candidature of Delhi University was held as an infringement of Article 14 of the Constitution of India in the judgment passed by a Single Judge Bench of Justice Rajiv Shakdher.
In the present case, one Sanchi Dilavari, petitioner sat to give her exams of XII grade of CBSE on May 2019 whose subjects were in concurrence with Circular No. 26 issued by CBSE which were; English Core, Economics, Business Studies, Accountancy, Multimedia and Web Technology, Mathematics, Work Experience, Physical and Health Education and General Studies. The petitioner secured 92% in the said examinations based on the marks obtained in the best-four subjects i.e., English, Business Studies, Multimedia and Web Technology and Economics.
The petitioner subsequently applied via means of online application at Delhi University for B.A (Hons.). The grievance of the petitioner in the said case was that she wasn’t able to secure admission in the college of her preference due to the scaling down due to the reasons for the inclusion of Multimedia and Web Technology in the best-four subjects. She secure a seat in Shyam Lal College at DU for evening classes. Aggrieved by this, the petitioner approached the High Court and as an interim measure was allotted a vacant seat of the EWS category at Satyawati College.
The petitioner argued that such scaling down is unsustainable since the circular issues by CBSE gave equal weight to all the computer subjects and thereby contrary to the circular.
Delhi University relied upon the judgment of Charanpal Singh Bagri v. University of Delhi stating the said scaling down was not a provision in the information bulletin but was done on account of the direction of the relied judgment. It was further contended that no relief was granted on similar grounds observed in the case of Muskan Aggarwal v. University of Delhi. Lastly, it was also contended that seat occupied by the petitioner could not be granted to her since it was a reserved seat for EWS Category.
Delhi High Court held that the petitioner could change her subjects mid-session selected in 2016-17 to comply with the said information bulletin for the academic session of 2018-19 and all the subjects were at par with each other. The court further held that the seat vacant which was reserved should not be wasted just on the grounds that the petitioner was a student of general category.