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IN THE HIGH COURT OF DELHI AT NEW DELHI
Vikas Mahajan, J.
Ravindra Bishnoi Through Father Arjun Singh – Appellant
Versus
National Testing Agency & Anr. – Respondents
W.P.(C) 16482 of 2022 & CM APPL.No. 51774 of 2022
Decided On : 06-03-2023
CUET - B.A. (Hons.) Geography - [Delhi University Act, 1922, Bulletin of Information] - The court discussed the eligibility criteria for admission through CUET and the specific subject mapping criteria for B.A. (Hons.) Geography. It highlighted the importance of fulfilling the subject mapping criteria and the discretion available to candidates in choosing subjects closely related to those studied in Class XII. The court found the cancellation of the petitioner's seat on the ground of non-fulfilment of subject-mapping criteria to be erroneous and ordered the admission for the next academic year.
Fact of the Case:
The petitioner's seat in the B.A. (Hons.) Geography program at Kirori Mal College was cancelled due to non-fulfilment of subject mapping criteria. The petitioner challenged the cancellation and sought admission for the academic year 2022-23.
Finding of the Court:
The court found the cancellation of the petitioner's seat to be erroneous as the petitioner had opted for subjects closely related to those studied in Class XII, as permitted by the Bulletin of Information. The court also acknowledged the conclusion of the admission process but directed the admission for the next academic year due to the University's untenable action.
Issues: The main issue was the cancellation of the petitioner's seat in the B.A. (Hons.) Geography program at Kirori Mal College on the ground of non-fulfilment of subject mapping criteria.
Ratio Decidendi: The court held that the cancellation of the petitioner's seat was erroneous as the petitioner had the discretion to choose subjects closely related to those studied in Class XII, as per the Bulletin of Information. The court also considered the conclusion of the admission process but directed the admission for the next academic year due to the University's untenable action.
Final Decision: The court ordered the University of Delhi to admit the petitioner in the next academic year (2023-24) for the B.A. (Hons.) Geography program at Kirori Mal College.
JUDGMENT
Vikas Mahajan, J.
1. The principal grievance of the petitioner in the present writ petition is that the seat allotted to him in the program 'B.A. (Hons.) Geography' in Kirori Mal College on 19.10.2022, was cancelled on 21.10.2022 by the University of Delhi [Respondent no.2] on an erroneous ground of "non-fulfilment of the subject mapping criteria".
2. The National Testing Agency [Respondent No.1] was entrusted with the responsibility of conducting the Common University Entrance Test [CUET(UG)-2022] for all the Central Universities (CUs) for the academic session 2022-23. As per the public notice dated 26.03.2022 issued by the National Testing Agency, CUET provides a single window opportunity for students to seek admission in any of the Central University courses in the country. The aspirants who desired to appear for the test were advised to refer to the Bulletin of Information for Admission to undergraduate programmes of the desired Central Universities for admission to the undergraduate programmes.
3. The public notice issued by the National Testing Agency provides the examination structure. It states that CUET(UG)-2022 will consist of the following four sections:
4. The broad features of the CUET(UG)-2022 as given in the public notice are as follows:
[IMG]
5. The languages and the 27 Domain Specific Subjects which could be chosen by a candidate for the CUET (UG)-2022 are mentioned in the aforesaid public notice issued by the National Testing Agency, and the same reads as under:
[IMG]
6. The candidate could choose a maximum of any three languages from Section IA and Section IB taken together. From Section II, the candidate could choose a maximum of 6 subjects whereas section III comprises of General Test. The public notice also carries a caveat that for choosing languages from Section IA and IB and a maximum of 6 subjects from Section II and General Test under Section III, the candidate must refer to the requirements of his/her intended university.
7. The public notice also provides for the following eligibility criteria besides adding a word of caution that a candidate must carefully refer to the eligibility requirements of various Central Universities to which he or she intends to take admission:
"Choice of Languages and Subjects:
Generally the languages/subjects chosen should be the ones that a student has opted in his latest Class XII Board examination. However, if any University permits any flexibility in this regards, the same can be exercised under CUET (UG)-2022 also. Candidates must carefully refer to the eligibility requirements of various Central Universities in this regard. Moreover, if the subject to be studied in the Undergraduate course is not available in the list of 27 Domain Specific Subject being offered, the Candidate may choose the Subject closest to his choice for e.g. For biochemistry the candidate may choose Biology."
(emphasis supplied)
8. Clearly, it is the eligibility criteria prescribed by the intended Central University which needs to be fulfilled, therefore, it is apposite to refer to the relevant provisions of the Bulletin of Information issued by the University of Delhi for undergraduate admissions for the academic year 2022-23 [in short 'Bulletin of Information'], which is the University intended by the petitioner. The following clauses appearing in the Bulletin of Information under the heading of "Important Points" are relevant for deciding the controversy at hand and accordingly the same are extracted below:
Important Points
XXXX XXXX XXXX
3. Candidate must appear in CUET in only those subjects in which s(he) has passed Class XII.
4. In case the subject studied at Class XII is not mentioned in the CUET, the candidate must appear in the subject that is similar/closely related to the subject s(he) has studied at Class XII (for example, if a candidate has studied Bioch
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