IN THE HIGH COURT OF DELHI AT NEW DELHI
Prateek Jalan, J.
Vidhi Uppal & Ors. - Appellants
Versus
Union Of India & Anr. - Respondents
Civil Writ Petition No. 756, 914, 1424 of 2021, Civil Miscellaneous Application No. 1909, 2474, 4984, 4994, 6197, 19314, 19326 of 2021
Decided On : 07-03-2022
Admission - LL.B. Course - University of Delhi - Prospectus - Admissions Process - Vacant Seats - Grievance Redressal Mechanism
Fact of the Case:
The petitioners sought admission to the LL.B. course at the University of Delhi for the academic session 2020-2021. They challenged the admissions process, alleging irregularities and malafides. The petitioners contended that several eligible candidates were not granted admission, and raised objections to the answer key of the entrance test.
Finding of the Court:
The Court found that the University had filled all UR category seats before the close of admissions, with no candidate admitted below the cut-off score of 225 marks. The Court also noted that unfilled seats in the SC, ST, and EWS categories could not be transferred to the UR category as per the Prospectus. The Court dismissed the petitions, stating that the petitioners were not entitled to admission against the vacant seats in other categories and that a further round of counselling was not warranted at that stage.
Issues: The principal grounds of challenge articulated in the writ petitions included the alleged lack of transparency in the admissions process, objections to the answer key of the entrance test, and the contention that vacancies in reserved categories should have been transferred to the UR category.
Ratio Decidendi: The Court held that unfilled seats in the SC, ST, and EWS categories could not be transferred to the UR category as per the Prospectus. The Court also noted that a further round of counselling was not warranted at that stage.
Final Decision: The Court dismissed the petitions, stating that the petitioners were not entitled to admission against the vacant seats in other categories and that a further round of counselling was not warranted at that stage.
JUDGMENT
Prateek Jalan, J. - These three writ petitions have been filed by candidates for admission to the three-year LL.B. course of the Faculty of Law, University of Delhi [hereinafter, 'the University'] in the academic session 2020-2021. as the petitions raise several common questions, they were taken up for hearing together and are disposed of by this common judgment.
a. Facts
2. The Law Faculty of the University published a Prospectus in March, 2020 [hereinafter, 'the Prospectus'] for admission to the LL.B. course commencing in the academic session 2020-2021. The petitioners applied for admission pursuant thereto, under the Unreserved (General) category [hereinafter, 'UR category']. They also appeared in an entrance test held on 09.09.2020.
3. after the publication of the answer key dated 06.10.2020 for the entrance test, Ms. Vidhi Uppal, the petitioner in W.P.(C) 756/2021, raised a challenge to the answer key in respect of one question [Question No. 44, Question ID 8394]. However, her challenge was unsuccessful.
4. In the entrance test, out of the maximum score of 400 marks, the petitioners' scores were declared as follows: -
S. No.
Writ Petition No.
Name of the Petitioner
Marks Scored
I.
W.P.(C) 756/2021
Ms. Vidhi Uppal
216
II.
W.P.(C) 914/2021
Ms. Piya Uppal
203
III.
W.P.(C) 1424/2021
Mr. Sarthak abrol
209
5. The University published four admission lists in respect of the LL.B. course - on 01.12.2020, 08.12.2020, 21.12.2020 and 30.12.2020. as admissions for the academic year 2020-2021 were considerably delayed by virtue of the COVID-19 pandemic, the University took a decision to close the admissions process on 31.12.2020. During the course of hearing, it was stated that this was in accordance with the directions of the University Grants Commission [hereinafter, 'UGC'].
6. The petitioners found that their applications for admission were unsuccessful, and have filed these writ petitions challenging the admissions process undertaken by the University. They have also placed on record a 'Centre allocation List' dated 15.01.2021 and a revised allocation list dated 22.01.2021 which, according to them, demonstrate that the admissions process itself was tainted by irregularities and malafides.
B. Reliefs sought
7. In the writ petitions, the following reliefs have been sought:
W.P.(C) 756/2021
'a. Issue a writ of Certiorari or any other writ or direction to the Respondents and call for the records of the entire admission process for the academic year 2020-21 and quash the entire admission process as tainted with mala fide;
b. Issue a writ of Mandamus or any other writ or direction in the nature thereof for appointing an expert external agency to look into the relevant records and suggest measures to correct the mistakes made by the Respondents
c. Issue a writ of Mandamus or any other writ or direction in the nature thereof granting the Petitioner the extra 5 marks for the question no. 8394 and thereby increasing her final marks to 221;
d. Issue a writ of Mandamus or any other writ or direction in the nature thereof directing the Respondents to fill up the 437 vacant seats for the academic year 2020-21 in the LL.B. course;
e. Issue a writ of Mandamus or any other writ or direction in the nature thereof to grant admission to Petitioner to the LL.B course for the present academic year 2020-21 against the admittedly available vacant seats and those seats that shall become available after correcting the mistakes made by the Respondents;
f. any other and further relief which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case and in favour of the applicant.'
W.P.(C) 1424/2021
'(i) Issue an appropriate Writ or Order or direction directing the Respondent to grant admission to the Petitioner in the L.L.B. Program at the Faculty of Law, University of Delhi for the academic session 2020-23; and
(ii) Pass such other or further order(s) as this Hon'ble Court may deem fit and proper in facts and circumstances of the present case.'
W.P.(C) 9
Miss Asha Kumari vs. The Rajendra Agricultural University & Ors.
Neelu Arora vs. Union of India (2003) 3 SCC 366
Santosh Kumari vs. Union of India and Others (1995) 1 SCC 269
State of Kerala vs. T.P. Roshana
State of Orissa and Another vs. Dr. Asim Kumar Mohanty and Others (1989) 3 SCC 549
Mid-session admissions are impermissible; universities must adhere to established admission processes and criteria, including tie breaker rules.
The court emphasized that adherence to admission cut-off dates should not prevent filling vacant seats and granting admission to qualified candidates when administrative processes fail to be transpar....
The court emphasized the need to maximize seat allocation and cited previous cases where admissions were granted after the cut-off date, leading to the directive to fill all available vacant seats in....
Reservation – A candidate belonging to any of vertical reservation categories who on the basis of his own merit is entitled to be selected in open or general category, will be selected against genera....
The court upheld that an upgrade in seat allocation excludes candidates from participating in subsequent admission rounds, aligning with the established university admission policy.
A candidate seeking admission must demonstrate diligence in pursuing remedies to secure relief; failure to do so, even in light of procedural issues, results in denial of admission rights.
Adherence to the scheduled admission dates and the merit-based admission process is crucial, and mid-term admissions should be avoided to maintain academic discipline.
The main legal point established in the judgment is the application of the Hon’ble Supreme Court judgments to determine the correct categorization of candidates in UG Counselling for MBBS / BDS seats....
Candidates selected under the SC category, if eligible for the UR category, should be considered only under the UR category.
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