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2023 Supreme(Del) 5606

IN THE HIGH COURT OF DELHI AT NEW DELHI
Purushaindra Kumar Kaurav, J.
Mahesh Beniwal - Appellant
Versus
University of Delhi Through Its Registrar University Enclave, University of Delhi - Respondent
W.P.(C) 13411 of 2023
Decided On : 21-11-2023

Advocates appeared:
Mr.Rajendra Beniwal and Mr.Rajat Kashyap, Advocates, for the Petitioner.
Mr.Mohinder J.S.Rupal, Mr.Hardik Rupal and Ms.Sachpreet Kaur, Advocates, for the Respondents.

IMPORTANT POINT
Courts should not interfere in academic matters and educational policies should be left to the expertise of educational institutions.

Headnote:

Eligibility Criteria - Admission to M.A. in Hindi Program - University of Delhi - [Article 226 of the Constitution of India, All India Council for Technical Education Act, 1987, Anand Yadav v. State of U.P., (2021)12 SCC 390] - The court upheld the university's eligibility criteria for admission to the M.A. in Hindi program, emphasizing that the courts should not interfere in academic matters and that educational policies should be left to the expertise of educational institutions.

Fact of the Case:

The petitioner sought relief from the court after being rejected for admission to the M.A. in Hindi program at Hindu College due to not meeting the eligibility criteria of having studied two courses in Hindi during his bachelor's degree.

Finding of the Court:

The court found that the rejection of the petitioner's candidature was in accordance with the university's eligibility criteria and emphasized that the courts should not interfere in academic matters.

Issues: The main issue was the petitioner's non-fulfillment of the eligibility criteria for admission to the M.A. in Hindi program.

Ratio Decidendi: The court held that it is not the function of the court to interfere in academic matters and that educational policies should be left to the expertise of educational institutions.

Final Decision: The court disposed of the petition, upholding the rejection of the petitioner's candidature for admission to the M.A. in Hindi program.

ORDER

Purushaindra Kumar Kaurav, J. (Oral)

1. The petitioner in the instant writ petition has prayed for the following reliefs:

    "a) Allow the present Writ Petition under Article 226 of the Constitution of India in the interest of justice, equity and good conscious;

    b) Issue an appropriate writ, order(s) or direction(s) and set aside the discriminatory eligibility criteria prescribe in Bulletin of information issued by the respondent no.1 dated 22.03.2023, to the extent of prescribing mandatory having studied two courses in Hindi in Bachelor's degree for being eligible to take admission for M.A. in Hindi program in the interest of justice, equity and good conscious;

    c) Issue an appropriate writ, order(s) or direction(s) and set aside the rejection of the Petitioner's Application for further process of allotment of seat for M.A. in Hindi program in the interest of justice, equity and good conscious;

    d) Issue an appropriate writ, order(s) or direction(s) to the Respondents to consider the candidature of the Petitioner for admission in M.A. in Hindi and allot a seat in the Respondent No.2 Hindu College or any other collage under the Respondent No.1 University of Delhi in the interest of justice, equity and good conscious;

    e) Issue an appropriate writ, order(s) or direction(s) to the Respondents to follow the policy which is in furtherance to the aims and objective of the National Education Policy in the interest of justice, equity and good conscious;

2. Learned counsel appearing on behalf of the petitioner submits that the petitioner appeared in PG-CUET Examination, 2023 and on the basis of his merit position, he was allotted a seat for M.A. Hindi Programme at Hindu College. He further submits that immediately after the allotment of the seat, his candidature was rejected on the ground of non-fulfilment of programme specific eligibility criteria.

3. Learned counsel submits that the rejection of the candidature of the petitioner is illegal and improper and the same is not based on any objective criteria. He further submits that in the instant case, if the respondent- University's stand is taken into consideration, the same indicates that each year, they are prescribing distinct suitability. He also submits that this year on account of illegal rejection of the petitioner's candidature, he was not granted admission, however, for the next year, respondent-University can be directed to consider the candidature of the petitioner for grant of admission in appropriate college on the basis of his eligibility.

4. Learned counsel appearing on behalf of the petitioner has also placed reliance on paragraph no.21 and 22 of the decision passed by this court in the case of Naveen Sharma v. Union of India and Anr., W.P.C 4984/2019.

5. Learned counsel appearing on behalf of the respondents opposes the submissions and submits that the eligibility criteria as per the prospectus for grant of admission in M.A. Hindi Programme is to have at least two courses in Hindi in bachelor's degree. Learned counsel further submits that the petitioner lacks in the basic eligibility criteria and, therefore, the rejection of the petitioner's candidature is strictly in accordance with law.

6. I have considered the submissions made by learned counsel for the parties and perused the record.

7. The eligibility criteria as can be seen from the Bulletin of Information for Admission to Postgraduate Courses 2023-2024, University of Delhi indicates that for M.A. Hindi Programme one has to have bachelor's degree from a recognised university with at least two courses in Hindi.

8. The petitioner completed his bachelor's degree from Vardhman Mahaveer Open University in Kota, Rajasthan and the marksheets brought on record would indicate that in Bachelor's of Art (Part I) Examination, June 2021, the petitioner had only one course in Hindi i.e. General Hindi and there is no proof that indicates the petitioner had studied any other course in Hindi during his entire bachelor's degree.

9. So far as th

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