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2022 Supreme(Del) 1710

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

Advocates appeared:
Mukul Talwar, Advocate, Aastha Dhawan, Advocate, Pallavi Saigal, Advocate, Aditya Raj, Advocate, Sarthak Abrol, Advocate, Mohinder J.S. Rupal, Advocate, V. Bhawani, Advocate, Ankur Chhibber, Advocate, Anshuman Mehrotra, Advocate, Nikunj Arora, Advocate, Ghanshyam Mishra, Advocate

Headnote:

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

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