Adherence to the admission timeline, finality of admissions, and the eligibility of candidates for admission against vacant seats based on the Admission Policy and Procedure 2021-2022.

JUDGMENT :

VIKAS MAHAJAN, J.

1. The Petitioner, who belongs to OBC category, seeks admission in Ph.D. course in “Social Exclusion and Inclusive Policy” in the respondent university for the academic year 2021-2022.

2. For admission to the aforesaid Ph.D. course, a Computer Based Test (CBT) was conducted by the National Testing Agency. Undisputedly, there were a total of 08 seats available for the course opted by the petitioner, out of which 02 seats were reserved for OBC candidates.

3. The Petitioner took the Computer Based Test conducted by the National Testing Agency on 21.09.2021. and secured Rank-08 in the OBC category. However, the petitioner was informed that she had not been selected for the course. At the same time, one Mr. Shahid C. who had obtained Rank-07 in the OBC category was selected for the said Ph.D. course.

4. The case of the Petitioner is that though Mr. Shahid C. had blocked his seat but he had failed to submit the required documents and certificates before 19.01.2022., the last and final date of admission according to the petitioner, which resulted in cancellation of his admission. The petitioner's further case is that Mr. Shahid C. also wrote an e-mail dated 15.02.2022. to the respondent university to request for cancellation of the seat blocked by him. In this backdrop the claim of the Petitioner is that the Ph.D. seat which thus fell vacant ought to have been offered to the Petitioner as she was the next candidate in the merit list.

5. At this juncture it is apposite to note Clause 6.3 of the Admission Policy and Procedure 2021-2022 notified by the respondent university, which provides the manner, in which the selected candidates could block their seat, and the seats that remained vacant could be offered to the candidates next in the merit list, before the deadline stipulated for the admissions in the Schedule in the e-prospectus. Clause 6.3 reads as under:—

“6.3 Candidates selected are required to block their seats through online mode within the time period permitted by the Admission Branch afterpayment of requisite fee and uploading of required documents. Subsequently, the seats left vacant in each course will be offered to the candidates next in the merit list to block the remaining seats in order of the merit. Considering the fact that admissions are required to be closed on or before the deadline mentioned in the SCHEDULE in the e-prospectus, such offers in batches shall be offered according depending on the time left and number of vacancies/available for qualified candidates.”

(emphasis supplied)

6. A reading of above quoted Clause 6.3 shows that for adjudicating the controversy involved in the present case, the last date or the deadline for admissions assumes relevance, but as none of the parties had placed on record the schedule providing for the deadline for admissions in terms of the said Clause, this court vide order dated 21.02.2023. listed the matter for clarification and the following order was passed:—

“1. As the timeline for admission to various courses for the academic year is not on record, the learned counsel appearing on behalf of the respondent-University seeks time to file an affidavit to place on record the last date of admission in terms of Clause 6.3 of the Admission Policy and Procedure 2021-2022. In the affidavit, the respondent shall also give the justification for admitting Mr. Saddam Husain on 04.03.2022., which according to the petitioner, was after the cut off date.

2. Let the affidavit be filed within aperiodofone week.

3. Re-notify on 10.03.2023.”

7. Thereafter, the respondent university filed an affidavit dated 06.03.2023. in terms of the order dated 21.02.2023., to which a response affidavit dated 16.03.2023. was filed by the petitioner. Further arguments were put forth by the parties on 17.03.2023. confined to the clarification sought in the order dated 21.02.2023..

8. For the sake of ready reference, the material part of the affidavit dated 06.03.2023., filed by the respondent uni