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.

JUDGMENT :

[Purushaindra Kumar Kaurav, J.]

1. The present petition has been filed under Article 226/227 of the Constitution of India seeking directions to the respondent-University for filling up the vacant seats under the Economically Weaker Sections (EWS) in Post Graduate Course, i.e. Master of Journalism in the respondent- University for the Academic Session 2022-24.

2. Learned counsel appearing on behalf of the petitioner submits that there are two seats remaining vacant under EWS category and no useful purpose would be served if the seats continue to remain vacant. According to him, if the endeavour is made by the respondent-University to fill up the two seats, the same would be in the interest of the student as well as in the University. He explains that the petitioner is not asking for the relief to straightaway grant her admission but her case is to make an endeavour to fill up the seats strictly, in accordance with merit. If the petitioner’s name finds place in the merit list, she would be entitled for the admission, otherwise the meritorious candidates can be given admission against the seats in question. He further submits that once the petitioner came to know that the seats in question are vacant, she approached the respondent-University and made various representations in that regard but no action was taken by the respondent-University. He further submits that the petitioner filed an application under the RTI Act and then only the petitioner on 06.02.2023 came to know that the seats are lying vacant in the respondent-University. He also submits that in the Faculty of Law, the admission process even continued beyond 15.01.2023.

3. Learned counsel for the petitioner has placed reliance on the decision of this court in the case of Deepanshu Khanna and Another v. University of Delhi, 2022 SCC OnLine Del 347 and states that in view of the principle laid down in the said case, the respondent-University be directed to fill up the seats in question.

4. Learned counsel appearing on behalf of the respondent-University opposes the submissions and submits that in the present case the entire admission process was completed on 26.12.2022. According to him, the last candidate admitted in the concerned course obtained 176 marks out of 400 and the merit position of the petitioner is admittedly less than the last admitted candidate. He further submits that though two seats are vacant in the respondent-University in the concerned course, however, those seats have fallen vacant only after 31.12.2022. He explains that the last date for admission in the concerned course was 26.12.2022 and thereafter no admission was granted to any of the candidates. He, therefore, submits that after the cut off date for grant of admission is over and if the seats remained vacant on account of any exigency including forfeiture by concerned candidates, the respondent-University cannot be directed to fill up those seats mid-term. He further submits that if the mid-term admissions are continued to be granted, there would be complete indiscipline in the academic calendar and the students would not be able to complete their required study. He placed reliance on the decisions of this court in the cases of Shefali Shukla v. University of Delhi & Anr. dated 02.02.2021 and Vansh Saroa v. Vice Chancellor, University of Delhi & Ors. dated 15.02.2021 and submits that the petitioner does not deserve any relief.

5. I have heard learned counsel for the parties and perused the record.

6. The decision as to whether after the cut off date, on account of any vacancy, further admission can be given to the students, is purely an academic decision. The experts in the field who deal with day to day affairs of the concerned University are well conversant with the facts and situation prevalent therein. Normally the courts are not well-equipped to decide as to what would be the appropriate course to be adopted by an education institution.

7. In the instant case, it is a matter of