IMPORTANT POINT
The central legal point established in the judgment is that eligibility for admission in educational institutions must be in adherence to the extant regulations and that writ courts should refrain from interfering in policy decisions of educational institutions unless the policy is grossly arbitrary or suffers from patent illegality.

ORDER

Purushaindra Kumar Kaurav, J. (Oral)

1. The petitioner in the instant writ petition under Article 226 of the Constitution of India, seeks relief against the denial of the admission in Ph.D. course in respondent no.1-University for the academic year 2023-24.

2. The facts of the present case would show that the petitioner had appeared for the National Eligibility Test-Junior Research Fellowship (hereinafter as `NET-JRF') in 2019-2020 cycle and was awarded the National Fellowship for Schedule Caste Students (hereinafter as `NFSCS') vide fellowship award letter dated 30.11.2020.

3. The petitioner, thereafter, being desirous of securing admission in respondent no.1-University for pursuing Ph.D. course in Medieval History, applied on 19.09.2022 for the said course. In the said application, he mentioned the title of the national qualified test as NFSCS.

4. Learned counsel appearing on behalf of the petitioner submits that the petitioner had completed the requisite formalities for admission in Ph.D. course under the NET-JRF category for the academic year 2023-24. She submits that in pursuance of application submitted by the petitioner, he was called for interview vide letter dated 05.01.2023 and the interview of the petitioner was conducted on 18.01.2023.

5. Learned counsel for the petitioner further submits that after the interview of the petitioner was conducted, in pursuance of result at Annexure P-7, the name of the petitioner found place in selected category as Category Rank SC:1 against Medieval History subject. She, therefore, submits that after the name of the petitioner was reflected in the merit list, he went to respondent no.1-University for completion of the formalities. She also submits that, for varying reasons, the formalities were not allowed to be completed and the admission was not granted to the petitioner.

6. According to learned counsel for the petitioner, the respondent University did not allow the petitioner to complete the formalities only on the pretext that the petitioner did not qualify for NET-JRF examination. Learned counsel for the petitioner submits that the same is, however, not the requirement for grant of admission. She has placed reliance on various conditions of the brochure including guidelines of the University Grants Commission (hereinafter as `UGC') to support her argument.

7. Learned counsel appearing on behalf of respondent no.1-University vehemently opposes the submissions made by learned counsel for the petitioner. Learned counsel submits that in the instant case, there exists a striking distinction between simply NET qualified candidates and NET-JRF qualified candidates.

8. Learned counsel appearing on behalf of respondent No.2-UGC emphasised that the candidates who stand at a prescribed higher merit are considered as NET-JRF candidates and all remaining qualified candidates are treated as only NET qualified candidates.

9. Learned counsel for respondent no.1-University, while drawing the attention of this court to a document (Annexure P-6) dated 05.01.2023, which is a letter for interview, submits that it was unequivocally stated in the said communication that only the candidates who are JRF qualified through CSIR, UGC-NET, ICMR, AYUSH, DBT examination are eligible for admission in Ph.D. programme. She also submits that in the instant case, such a requirement has not been met.

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

11. If the document relied upon by the petitioner i.e., the Scheme of Ministry of Social Justice and Empowerment, Government of India is considered, the scope of the Scheme, undoubtedly stipulates that the same provides for new 2000 fellowships (1500 JRF for Humanities/Social Sciences and 500 JRF for Science stream) per year to such Scheduled Caste students to undertake advanced studies and research leading to M.Phil/Ph.D degrees, who have qualified in various tests including NET-JRF of UGC. However, whether such fello