The main legal point established in the judgment is that meritorious reserved category candidates, who qualify on their own merit in the general merit list, should be treated as open category candidates and allocated seats accordingly.

JUDGMENT :

1. The appellants are aggrieved by the rejection of their writ petition by the learned Single Judge vide order dated 8.8.2019, declining their prayer for issuing directions to the respondent No.1/University of Delhi and the respondent No.2/Faculty of Law for allocating unreserved category seats to them in the respondent No.2, for the Academic Year 2019-20 in terms of the Guidelines dated 20.7.2019 and rejecting their plea that the reserved category candidates have been wrongly allocated 300 seats that actually fall in the unreserved category.

2. A brief glance at the relevant facts of the case is necessary. The respondent No.2/Faculty of Law, established by the respondent No.1/University of Delhi, conducts a three-year LLB Course at three Centres, namely, Campus Law Centre (CLC), Law Centre-1 (LC-1) and Law Centre-2 (LC-2). The Bulletin of Information issued by the respondent No.2/Faculty of Law for the Academic Year 2019-20 furnished the following break-up of the seats distribution and the reservations made for LLB admissions in a tabulated form:-

3. The last date for registration was fixed as 22.6.2019. On 3.7.2019, the National Testing Agency (NTA) conducted the Entrance Examination, whereafter the merit list was released on 15.7.2019. The appellants/petitioners claim that on 20.7.2019, the respondents had uploaded an undated Notice on their website that reads, as follows:-

"All OBC/SC/ST/CW/PwD/EWS candidates who have secured marks within the range of cut off for the unreserved category in the first list and their name appears in either the unreserved category list or in the category list are entitled to choose to take admission either in the unreserved category or their respective reserved category.

In either case they are required to submit a written application clearly indicating the exercise of their choice for confirmation of their admission in that category. No request for change of their category will be entertained thereafter. It is further clarified that allocation of Law Centre will be done on the basis of the category they so choose to be admitted in."

(emphasis added)

4. On 29.7.2019, the respondent No.2/Faculty of Law uploaded another notice that laid down the guidelines for PG Admissions, relevant extracts whereof is reproduced herein below:-

"1. The Admission List for the Unreserved (UR) Category seats will comprise all the applicants in order of merit, and admission to UR Category seats will be strictly as per the merit without excluding EWS/OBC (Non-Creamy Layer)/SC/ST/PwD/CW applicants. In other words, it will also include EWS/OBC (Non-Creamy Layer)/SC/ST/PwD/CW applicants, if they meet the criterion of merit for the UR Category. Any applicant will not be excluded from the UR Category Merit List just because he/she belongs to or has applied under any of the aforementioned categories.

2. x x x x x

3. x x x x x

4. x x x x x

NOTE:

Guidelines Adopted for the Allocation of Seats in PG Courses

1. x x x x x

2. x x x x x

3. x x x x x

4. x x x x x

5. x x x x x

If a category candidate is getting the same preference in UR as in his/her category and candidate is fulfilling the minimum eligibility of UR then the Candidate's name will be considered in UR.

If a category candidate is getting better preference in their respective categor