University Can not Change Admission Rules After Process Begins: Allahabad High Court

Allahabad, India - The Allahabad High Court has reiterated the well-established legal principle that the "rules of the game cannot be changed after the game has begun," in the context of university admissions. The court quashed a University of Allahabad order that rejected a student's candidature for a second postgraduate course based on eligibility criteria changed after the online registration process had commenced.

Justice AshutoshSrivastava presided over the case, arising from a writ petition filed by a student seeking admission to the MA Women Studies course for the Academic Session 2022-23.

Background of the Case

The petitioner, who held LLB and LLM degrees with good marks from the University of Allahabad, applied for the MA Women Studies course after clearing the required PGAT-II entrance examination with 141.1 marks, topping the OBC category.

According to the initial Information Brochure and Guidelines, the eligibility for a second PG course for candidates claiming genuine interest required having passed the first PG exam with more than 60% marks and obtaining permission from the Vice Chancellor. The petitioner met this criterion.

However, the University's Admission Committee, in a meeting on June 3, 2022 (before online registration opened on June 11, 2022), resolved to change the criteria for a second PG admission. The new rule mandated that candidates must have secured 9 grade points on a 10-point scale in their previous PG course. This resolution was approved by the Academic Council on June 25, 2022, but notified only on July 29, 2022 – after the online registration closing date of July 1, 2022.

Despite topping his category and initially being considered by a University committee, the petitioner was later declared ineligible based on this newly notified criterion, which he did not meet. This led to the rejection of his candidature via a letter dated April 27, 2023. The petitioner had previously approached the court regarding the delay in admissions, leading to directions that were apparently not fully complied with.

Arguments Presented

The petitioner's counsel argued vehemently that the University could not alter the eligibility criteria after the admission notification was issued and the online registration had commenced. He contended that applying the changed rule notified on July 29, 2022, after the registration closed on July 1, 2022, was illegal and arbitrary. Reliance was placed on Supreme Court judgments in K. Manjushree v. State of Andhra Pradesh and The State of U.P. v. Karunesh Kumar , emphasizing the principle against changing rules mid-process.

The University, represented by Senior Counsel, countered that the eligibility criteria were resolved by the Admission Committee on June 3, 2022, before the online registration opened on June 11, 2022, and approved by the Academic Council on June 25, 2022, still within the registration period (which closed July 1, 2022). They argued that the notification date (July 29, 2022) was irrelevant as the decision was made earlier. The University cited Rule 2.10 of its Admission Rules, which reserved the right to change rules, and referred to High Court judgments upholding changes made before the last date of application.

Court's Analysis and Decision

Justice Srivastava framed the core issue as determining when the admission process commenced and whether the eligibility change, notified on July 29, 2022, could be applied.

The court held that the "selection process can be said to be commenced with the closing of online registration and payment fixed by the University i.e. 1.7.2022 which is the date whereafter the application forms received shall be processed."

Crucially, the court noted that although the resolution was passed and approved before the closing date, it was notified only on July 29, 2022, which was after the last date of registration (July 1, 2022). The court explicitly stated:

"However, the resolution of the Academic Council of the University was notified only on 29.7.2022 which was on a date anterior to the last date of acceptance of the registration forms... In such view of the matter, the University proceeded to change the rules of the eligibility after the selection process had already commenced."

Applying the "rules of the game" principle, the court found the University's action contrary to law.

While the court set aside the rejection letter and the relevant resolution as applied to the petitioner, it acknowledged that the academic session 2022-23 was nearing its end. Therefore, directing admission at this stage would not serve a fruitful purpose.

However, recognizing the petitioner's suffering and the unnecessary litigation he was forced into, the court awarded him compensation.

Conclusion

The Allahabad High Court quashed the University's order and the resolution as applied to the petitioner, holding that the eligibility criteria could not be changed and notified after the admission registration process had closed. The University was directed to pay the petitioner compensation of Rs. 50,000 within a fortnight. The judgment reinforces the principle of fairness and predictability in selection processes, preventing authorities from changing criteria mid-way to the detriment of applicants.