The court emphasized the limited role of the judiciary in academic matters and the discretion of universities in setting eligibility criteria.

JUDGMENT

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

CM APPLs. 42644-45/2021 (for exemptions)

Exemptions allowed, subject to all just exceptions.

These applications stand disposed of.

W.P.(C) 13525/2021 & CM APPL. 42643/2021 (for interim directions)

1. The petitioner assails the decision of the respondent No. 1- Univeristy of Delhi ["the University"] to the effect that she is ineligible for allotment of a seat in the M.A. Geography course.

2. The petitioner is a graduate of Himachal Pradesh University. She completed her undergraduate studies in the Choice Based Credit System ["CBCS"] and obtained a B.Sc. (Hons.) degree with a major in Chemistry and minors in Mathematics and Geography. The University released a Bulletin of Information ["the Bulletin"] for admissions to postgraduate courses in July, 2021, pursuant to which the petitioner applied for admission to the M.A. Geography course in the Scheduled Tribe ["ST"] category. She participated in the entrance examination on 30.09.2021, and the result of the examination was declared on 10.11.2021. The first merit list was issued on 16.11.2021, wherein she secured second place in the ST category. However, the University refused to admit her, pursuant to which she made various representations, which have been rejected.

3. It appears from the documents placed on record that the rejection was on account of the fact that the eligibility criteria mentioned in the Bulletin require a candidate to have a minimum of 24 credits in Geography with at least four courses of six credits each, whereas the petitioners qualifying degree did not include any course of six credits. The petitioner does appear to have 24 credits in Geography, but those were earned by taking six courses of only four credits each.

4. Mr. Shubham Jain, learned counsel for the petitioner, draws my attention to a document published by the respondent No. 2-University Grants Commission ["UGC"] entitled "Minimum Course Curriculum for Undergraduate Courses under Choice Based Credit System" ["the Minimum Course Curriculum"]. He points out that while introducing the CBCS for undergraduate courses, the UGC provided as follows:-

"11. Wherever a University requires that an applicant for a particular M.A./M.Sc. /Technical/Professional course should have studied a specific discipline at the undergraduate level, it is suggested that obtaining 24 credits in the concerned discipline at the undergraduate level may be deemed sufficient to satisfy such a requirement for admission to the M.A./M.Sc./Technical/Professional course." [Extracted from page 153 of the writ petition; emphasis supplied.]

"15. The new scheme of UG courses should be given due consideration while framing the admission eligibility requirement for PG/ Technical courses in Indian Universities/Institutions to ensure that students following inter and multi-disciplinary format under CBCS are not at a disadvantage. It is suggested that wherever required, obtaining 24 credits in particular discipline may be considered as the minimum eligibility, for admission in the concerned discipline, for entry to PG/Technical courses in Indian Universities/Institutions." [Extracted from page 162 of the writ petition; emphasis supplied.]

5. Mr. Jains submission is that the UGC has not specified any particular combination of credits and courses which must be taken into account to qualify for admission to postgraduate courses, and that the insistence of the University upon four courses of six credits each is, therefore, arbitrary and capricious.

6. Mr. Mohinder J.S. Rupal, learned Standing Counsel for the University, appearing on advance notice, takes a preliminary objection as to the maintainability of the writ petition on the ground of delay. He submits that the petitioner has participated in the application process pursuant to the Bulletin. She was fully aware of the eligibility criterion, but did not challenge the same at any stage and has only come