Back
IN THE HIGH COURT OF DELHI AT NEW DELHI
Vikas Mahajan, J.
Sonam Rawal - Petitioner
Versus
University of Delhi and Ors. - Respondents
W.P.(C) 16897 of 2022 & CM APPL. 53967 of 2022
Decided On : 24-01-2023
Constitution of India, 1950 - Article 226 - Admission - Candidature has been ignored - Grievance of petitioner is that her candidature for admission in M.Sc. Botany has been ignored, her name does not figure amongst candidates selected for admission despite petitioner having scored 88.96% (9.365 CGPA) in B.Sc. (H) Biological Science, whereas candidates selected for admission at serial number 5 to 12 in list are having much lesser percentage – Held, Petitioner did not even seek clarification from respondent university as to which eligibility criteria, one given in Bulletin of Information or that mentioned in PG Admission Form, will apply - Now after having unsuccessfully participated in selection process, petitioner cannot turn around and challenge criteria of admission given in Bulletin of Information - Now turning to decision relied upon by learned counsel for petitioner in Karunesh Kumar (supra), it is noted that said decision is on point that qualification or eligibility cannot be changed in middle of selection process, but said decision is not applicable to facts of present case - In present case, rules of game were not changed midway - In fact, like previous three years, same criterion was notified in Bulletin of Information 2022 - Said decision, therefore, does not advance case of petitioner – Petition dismissed.
JUDGMENT :
VIKAS MAHAJAN, J.
1. The petitioner having graduated in B.Sc. (H) Biological Science from the University of Delhi applied for admission in M.Sc. Botany course under the Merit Admission Category as OBC (Non-Creamy Layer) candidate for the academic year 2022-2023 in the University of Delhi.
2. The grievance of the petitioner is that her candidature for admission in M.Sc. Botany under the Merit Admission Category has been ignored, inasmuch as, in the first admission list issued on 02.12.2022 by the respondent no.3, [Department of Botany, University of Delhi] her name does not figure amongst the candidates selected for admission despite the petitioner having scored 88.96% (9.365 CGPA) in B.Sc. (H) Biological Science, whereas the candidates selected for admission at serial number 5 to 12 in the list are having much lesser percentage, varying from 88.71% to 86.40%. The first admission list dated 02.12.2022 for M.Sc. Botany-2022 for OBC Non-Creamy Layer (Merit Based) [Annexure P/1, page 24] reads as under:-
University of Delhi, First Admission List –M.Sc. Botany- 2022
University of Delhi
Admission Category: OBC Non-Creamy Layer(Merit Based)
| University of Delhi, First Admission List –M.Sc. Botany- 2022 | ||||||
| University of Delhi Admission Category: OBC Non-Creamy Layer(Merit Based) | ||||||
| S.No. | Form No. | Name | Allotted Department/College | Qualifying Marks % GP | Chake | Category Filled by Candidate |
| 1. | 22BOTA1068579 | Himanshi | Miranda House | 89.34 | 1 | OBC Non-creamy layer |
| 2. | 22BOTA1101809 | Akanksha Kushwaha | Hindu College | 89.34 | 1 | OBC Non |
| 3. | 22BOTA1169155 | Devika KV | Department of Botany | 89.34 | 1 | OBC Non |
| 4. | 22BOTA1037432 | Priyanka Moirangthem | Miranda House | 80.96 | 1 | OBC Non |
| 5 | 22BOTA1088812 | Neha Yadav | Hans Raj College | 88.71 | 3 | OBC Non |
| 6. | 22BOTA1105753 | Mansi | Kirori Mall College | 88.71 | 4 | OBC Non |
| 7. | 22BOTA1030463 | Gunjan Verma | Department of Botany | 88.19 | 1 | OBC Non |
| 8. | 22BOTA1104405 | Preeti Gupta | Department of Botany | 86.91 | 5 | OBC Non |
| 9. | 22BOTA1100037 | Tourangbam Mrakshita Devi | Ramjas College | 86.78 | 4 | OBC Non |
| 10 | 22BOTA1108436 | Iqra Parveen | Department of Botany | 86.78 | 5 | OBC Non |
| 11 | 22BOTA1195708 | Anuja | Department of Botany | 86.40 | 1 | OBC Non |
| 12 | 22BOTA1195875 | Mangsidam Thoibisana devi | Department of Botany | 86.40 | 6 | OBC Non |
3. The petitioner’s version is that on enquiry being made from the admission branch of the respondent no.1, she came to know that she is not eligible for merit or percentage-based admission in the M.Sc. Botany Course in terms of the prospectus released by the university, for the reason that she does not possess the eligibility qualification of B.Sc. (Hons.) Botany.
4. Intriguingly, it is petitioner’s own case that the eligibility criteria for admission in Program 55: M.Sc. Botany (both merit and entrance based) [Annexure P/3, page 27], is a part of Bulletin of Information 2022. The said Bulletin provides B.Sc. (Hons.) Botany from University of Delhi as eligibility criteria for admission under the Merit Category. The eligibility criteria as provided in the said Bulletin reads as under:
| Eligibility in Entrance Category | ||
| Category Id | Course Requirements | Marks Requirements |
| 1 | B.Sc.(Hons.) Botany/B.Sc.(Hons.) Biological Sciences (3 Years Courses after 10+2) from University of Delhi or any other University whose examination is recognized as equivalent to University of Delhi fulfilling other conditions of eligibility. | 55% or above marks in aggregate or equivalent grade |
| 2. | B.Sc. Program Life Science/B.Sc.(Genl./Prog)/B.Sc. Life Science (3 Years course after 10+2) from University of Delhi or any Other University whose examination is recognized as equivalent to University of Delhi fulfilling other conditions of eligibilit | |
Eligibility criteria for academic admissions cannot be altered after the admission process has commenced, ensuring fairness in selection.
Meritorious candidates who have pursued their legal right expeditiously without delay and have been denied admission to MBBS Course illegally or irrationally by the authorities for no fault of theirs....
The court emphasized the importance of fulfilling subject mapping criteria for admission through CUET and recognized the discretion available to candidates in choosing subjects closely related to tho....
The court emphasized the importance of fulfilling the eligibility criteria and completing the necessary steps for seat acceptance as per the applicable scheme of admission, and cited previous judgmen....
Candidates must strictly adhere to eligibility criteria as outlined in the university's prospectus, and institutions are justified in cancelling admissions if these criteria are not met.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
