The binding nature of prospectus conditions and the importance of upholding eligibility requirements for admission to academic programs.

JUDGMENT

Prateek Jalan, J. - The proceedings in the matter have been conducted through video conferencing.

CM APPL. 46886/2021 (for exemption)

Exemption allowed, subject to all just exceptions.

This application stands disposed of.

W.P.(C) 14856/2021 & CM APPL. 46885/2021 (for stay)

1. Issue notice. Ms. Monika Arora, learned counsel, accepts notice on behalf of the respondents- Jawaharlal Nehru University ["JNU"].

2. The petitioner applied for admission to the Ph.D. course in Hindi in the Centre for Indian Languages, School of Languages, Literature and Cultural Studies, JNU. This petition is directed against a communication dated 07.12.2021, by which she has been held to be ineligible for the said course by JNU.

3. The contention of the petitioner is that she applied for admission to Ph.D. in Hindi in the National Eligibility Test ["NET"]-Junior Research Fellowship ["JRF"] category. Mr. Kumar Piyush Pushkar, learned counsel for the petitioner, submits that in the academic session 2021-22, JNU did not offer any seats for Ph.D. in Hindi other than through the NET-JRF category. The petitioners contention is that although she had not taken the NET-JRF examination, conducted by the University Grants Commission, she was entitled to be considered in the said category as the NET-JRF has not been conducted in the last three cycles.

4. Ms. Arora submits that admissions to Ph.D. programmes at JNU are offered either through the NET-JRF category, or through the JNU Entrance Examination ["JNUEE"]. In the event the candidate is not NET- JRF qualified, he/she is entitled to appear in the JNUEE, and seek admission to Ph.D. courses. On the other hand, a NET-JRF qualified candidate is not required to appear in the JNUEE but must submit himself/herself to an interview.

5. The petitioner applied in the NET-JRF category and was subsequently interviewed, but was ultimately held to be ineligible as she has admittedly not taken the NET-JRF examination. Mr. Pushkar submits that, at the time the prospectus was issued, the NET-JRF was scheduled to be held in June, 2021, but has now been postponed to December, 2021. In these circumstances, he submits that the petitioner ought to be held to be eligible for admission, although she admittedly did not hold the requisite qualification of NET-JRF at that time.

6. The relevant extracts of the prospectus dealing with the situation have inexplicably not been annexed to the writ petition. However, the relevant portion of the prospectus has been screen-shared during the video-conference hearing by the learned counsel. It reads as follows:-

"Admission of JRF holders to Ph.D. programme

Only those candidates who fulfil the minimum eligibility requirements as prescribed for admission of candidates to Ph.D. programmes as mentioned in the respective schools/centres and have qualified for Junior Research Fellowship through CSIR, UGC National Eligibility Test (NET), ICMR, ICAR, AYUSH, DBT examination are eligible to apply separately in the prescribed form under this category in the respective school/centre/Special Centre wherever separate intake through JRF category is available (the link for this category will be available on the UNU website). Such candidates shall be exempted from appearing in Computer Based Test (CBT). However, candidates shall have to appear for an interview and their selection will depend on their performance in the interview. Candidates who have appeared in these examinations, but results awaited may also apply under this category. However, such candidates will be interviewed upon submission of a valid proof of having qualified for or awarded the JRF certificate at the time of interview. Please note that candidates who have been awarded "Lectureship" (without JRF) in the CSIR/UGC examination are not eligible and will not be interviewed. In case of candidates applying under JRF category selection will be done on the basis of 100% viva score" [Emphasis supplied.]

7. It appears from the above that a candidate was entit