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IN THE HIGH COURT OF DELHI
Prateek Jalan, J.
Vidhi Uppal - Appellant
Versus
Union of India - Respondent
W.P.(C) 756 of 2021 with CM Appls. 1909 of 2021, 4984 of 2021, 19314 of 2021 & 19326 of 2021, W.P.(C) 1424 of 2021 with CM Appl. 6197 of 2021 and W.P.(C) 914 of 2021 with CM Appls. 2474 of 2021 and 4994 of 2021
Decided On : 07-03-2022
| Table of Content |
|---|
| 1. admission process context and background (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. challenges and reliefs sought (Para 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23) |
| 3. arguments by the university against the petitioners (Para 24 , 25 , 26 , 27 , 28 , 29 , 30 , 31 , 32 , 33) |
| 4. court's analysis of the admissions process and arguments (Para 34 , 35 , 36 , 37 , 38 , 39 , 40 , 41 , 42 , 43 , 44 , 45 , 46 , 47 , 48 , 49 , 50 , 51 , 52) |
| 5. final decision and dismissal of petitions (Para 54) |
JUDGMENT
Prateek Jalan, J. These three writ petitions have been filed by candidates for admission to the three-year LL.B. course of the Faculty of Law, University of Delhi [hereinafter, "the University"] in the academic session 2020-2021. As the petitions raise several common questions, they were taken up for hearing together and are disposed of by this common judgment.
A. Facts
2. The Law Faculty of the University published a Prospectus in March, 2020 [hereinafter, "the Prospectus"] for admission to the LL.B. course commencing in the academic session 2020-2021. The petitioners applied for admission pursuant thereto, under the Unreserved (General) category [hereinafter, "UR category"]. They also appeared in an entrance test held on 09.09.2020.
3. After the publication of the answer key dated 06.10.2020 for the entrance test, Ms. Vidhi Uppal, the petitioner in W.P.(C) 756/2021, raised a challenge to the answer key in respect of one question [Question No. 44, Question ID 8394]. However, her challenge was unsuccessful.
4. In the entrance test, out of the maximum score of 400 marks, the petitioners' scores were declared as follows: -
| S. No. | Writ Petition No. | Name of the Petitioner | Marks Scored |
| I. | W.P.(C) 756/2021 | Ms. Vidhi Uppal | 216 |
| II. | W.P.(C) 914/2021 | Ms. Piya Uppal | 203 |
| III. | W.P.(C) 1424/2021 | Mr. Sarthak Abrol | 209 |
5. The University published four admission lists in respect of the LL.B. course - on 01.12.2020, 08.12.2020, 21.12.2020 and 30.12.2020. As admissions for the academic year 2020-2021 were considerably delayed by virtue of the COVID-19 pandemic, the University took a decision to close the admissions process on 31.12.2020. During the course of hearing, it was stated that this was in accordance with the directions of the University Grants Commission [hereinafter, "UGC"].
6. The petitioners found that their applications for admission were unsuccessful, and have filed these writ petitions challenging the admissions process undertaken by the University. They have also placed on record a "Centre Allocation List" dated 15.01.2021 and a revised allocation list dated 22.01.2021 which, according to them, demonstrate that the admissions process itself was tainted by irregularities and malafides.
B. Reliefs sought
7. In the writ petitions, the following reliefs have been sought:
W.P.(C) 756/2021
"a. Issue a writ of Certiorari or any other writ or direction to the Respondents and call for the records of the entire admission process for the academic year 2020- 21 and quash the entire admission process as tainted with mala fide;
b. Issue a writ of Mandamus or any other writ or direction in the nature thereof for appointing an expert external agency to look into the relevant records and suggest measures to correct the mistakes made by the Respondents
c. Issue a writ of Mandamus or any other writ or direction in the nature thereof granting the Petitioner the extra 5 marks for the question no. 8394 and thereby increasing her final marks to 221;
d. Issue a writ of Mandamus or any other writ or direction in the nature thereof directing the Respondents to fill up the 437 vacant seats for the academic year 2020-21 in the LL.B. course;
e. Issue a writ of Mandamus or any other writ or direction in the nature thereof to grant admission to Petitioner to the LL.B course for the present academic year 2020-21 against the admittedly available vacant seats and those seats that shall become available after correcting the mistakes made b
Mid-session admissions are impermissible; universities must adhere to established admission processes and criteria, including tie breaker rules.
The court emphasized that adherence to admission cut-off dates should not prevent filling vacant seats and granting admission to qualified candidates when administrative processes fail to be transpar....
The court emphasized the need to maximize seat allocation and cited previous cases where admissions were granted after the cut-off date, leading to the directive to fill all available vacant seats in....
The court upheld that an upgrade in seat allocation excludes candidates from participating in subsequent admission rounds, aligning with the established university admission policy.
A candidate seeking admission must demonstrate diligence in pursuing remedies to secure relief; failure to do so, even in light of procedural issues, results in denial of admission rights.
Reservation – A candidate belonging to any of vertical reservation categories who on the basis of his own merit is entitled to be selected in open or general category, will be selected against genera....
The court affirmed the principle that students should not be penalized for institutional errors in admissions when they are qualified, allowing them to continue their studies.
The case established the principle that prompt and diligent action in seeking remedies is crucial in admission-related matters, especially when faced with a defective process.
Point of law: Occasion to consider the nature of relief that can be granted to a student after the last date of admissions in case it was found that the said candidate was denied admission illegally.
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