$~140 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010361422026 + W.P.(C) 11233/2026 & CM APPL. 51976/2026 PRANJAY LAKHAN (THROUGH SH. SANJAY KUMAR, NATURAL GUARDIAN AND FATHER) .....Petitioner Through: Mr. Abhas Mishra, Ms. Neha Singhal, Ms Shruti Jindal Advs versus GURU GOBIND SINGH INDRAPRASTHA UNIVERSITY & ORS. .....Respondent Through: Mr. Mohit Kumar Daraad Adv, Mr. Inzmamul Haq Khanm, Advs. for R3 Mr Dhruv Rohatgi Panel Counsel GNCTD Ms Chandrika Sachdeva Mr Dhruv Kumar, Advs. Mr. Sabharwal, Adv. (Appearance not given) CORAM: HON'BLE MR. JUSTICE JASMEET SINGH O R D E R % 07.08.2026 CM APPL. 51977/2026 Allowed subject to all just exceptions. The application stands disposed of. W.P.(C) 11233/2026 1. This is a writ petition filed under Article 226 of the Constitution of India seeking the following prayers:- “I. Issue a writ of mandamus, or any other order or direction, declaring the oral action/decision dated 30.07.2026 of Respondent Nos.1 and 2, refusing, to confirm/cancelling the petitioner's provisionally allotted This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 14/08/2026 at 13:28:33 seat in B.Tech/M.Tech, CSE-DS at USICT, as illegal, arbitrary, unreasonable and violative of Articles 14 and 21 of the Constitution of India, and quash the same; II. Issue a writ of mandamus, or any other appropriate order or direction, directing Respondent Nos.1 and 2 to retain, confirm and grant provisional admission to the petitioner on the seat allotted to him in B.Tech/M.Tech (Dual Degree) CSE-DS, USICT for the academic session 2026-27, subject to the petitioner furnishing a personal undertaking that his admission shall stand automatically cancelled, without further reference to this Hon'ble Court, in the event he fails to produce, within a reasonable time to be granted by CBSE, a Marks Statement reflecting successful clearance of his Mathematics repeat theory examination; III. In the alternative, and without prejudice to prayer (b) above, issue a writ of mandamus, or any other appropriate order or direction, directing Respondent No.1 to allot to the petitioner a seat in B.Tech Computer Science Engineering (Shift-1), Round-2 of the Counselling 2026, or any equivalent/available seat as per his merit rank, so that the petitioner is not rendered remediless and his academic career is not irretrievably damaged; IV. Issue a writ of mandamus, or any other appropriate writ, order or direction, directing Respondent No.3-CBSE to expeditiously process and declare the result of the This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 14/08/2026 at 13:28:33 petitioner's repeat in theory (mathematics) examination held on 28.07.2026; V. Pass an ad-interim ex-parte order, during the pendency of the present petition, directing Respondent Nos.1 and 2 not to re-allot/further allot the seat presently held by the petitioner in B.Tech/M.Tech (Dual Degree) CSE-DS, USICT, or, in the alternative, to keep reserved one seat of B.Tech CSE, Shift-1, Round-2, for the petitioner; VI. Award costs of the present petition to the petitioner;....” 2. The brief facts of the case are that the petitioner is an SC category student. He appeared for Class XII Examination from Central Board of Secondary Education. Thereafter, the petitioner was admitted to the hospital on 02.03.2026 and was diagnosed with Acute Viral Hepatitis. Shortly after being discharged, the petitioner appeared for his Mathematics Examination on 09.03.2026. The petitioner was declared PASS overall having cleared 5 subjects but was given RT in Mathematics Theory. The petitioner secured 31 marks in Mathematics. On revaluation, the same were increased to 33. 3. In the meanwhile, Counselling for GGSIPU B.tech started and the petitioner, in the third round of Counselling, was allotted B.Tech/M.Tech (Dual Degree) CSE-DS at USICT, GGSIPU on 25.07.2026. 4. Since the petitioner did not meet the eligibility criteria of the respondent Nos. 1 and 2, of not having a compartment, the petitioner was denied admission. This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 14/08/2026 at 13:28:33 5. For the said reasons, issue notice. 6. Mr. Sabharwal, learned counsel accepts notice on behalf of respondent Nos. 1 and 2. Mr. Daraad and Mr. Rohatgi, learned counsels accept notice on behalf of respondent Nos. 3 and 4. 7. Mr. Sabharwal, learned counsel, states that the rules of the respondent No.1 do not permit admission if a candidate has a compartment in his Class XII Examinations. 8. Mr. Daraad, learned counsel for the respondent No. 3 has handed over a letter dated 10.07.2026, wherein paragraph No. 3 reads as under:- “3. In order to ensure that such candidates are not deprived of admission opportunities solely on account of the timing of the declaration of the Compartment Examination results, I would request the University Grants Commission to advise all Universities/Higher Education Institutions under its jurisdiction to consider, wherever feasible and in accordance with the applicable admission regulations, permitting such candidates, who are otherwise eligible, to participate provisionally in the admission process. Such candidates may also be allowed to submit their final Class XII mark sheets/certificates within a reasonable extended timeline after declaration of the Compartment Examination results by CBSE.....” 9. A perusal of the paragraph No. 3 states that the Ministry of Education has taken a conscious decision to permit the candidates who have secured Compartment, who are otherwise eligible to provisionally participate in the admission process, subject to their declaration of compartment This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 14/08/2026 at 13:28:33 examination. 10. In view of the said clear mandate by the Department of Education, the denial of the admission to the petitioner in the above said course is incorrect. 11. Thus, subject to the compartment exam result declared by the CBSE , the provisional seat allotted shall remain with the petitioner. 12. With these directions, the petition is disposed of. 13. The letter handed over in Court today is taken on record. JASMEET SINGH, J AUGUST 7, 2026 / (MS) This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 14/08/2026 at 13:28:33