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IN THE HIGH COURT OF DELHI
Rekha Palli, J.
Abhishesh Chaudhary - Appellant
Versus
Delhi University - Respondent
W.P.(C) 3487 of 2022 & CM Appl. 10297 of 2022 -Int. dir.
Decided On : 23-03-2022




Candidates cannot change their admission category after results are declared, as it disrupts the admissions process and fairness for all applicants.

Headnote:(A) Delhi University Admission Guidelines - Categories and Regulations for Admission - The petitioner sought admission to the LLB course under Children's/Widows category after applying as a Scheduled Caste (SC) candidate. The university denied the transfer citing established rules against category changes post-application and post-results announcement. (Paras 2-4)

(B) Legal Principle - A candidate cannot change admission category after declaring results; such changes disrupt admission processes and fairness. (Paras 6-7)

Facts of the case:
The petitioner applied as SC, later requested consideration under CW category after results. He made multiple representations to the university, citing eligibility for CW.

Findings of Court:
The petitioner's change in category was deemed conscious and untimely, not a simple correction of an error.

Issues: The primary issue was whether a candidate could switch categories after the application and results were finalized.

Ratio Decidendi: The court determined that allowing such changes post-results would create chaos in the admissions process, justifying the university's refusal.

Result: Writ petition dismissed.

Table of Content
1. petitioner's admission application background (Para 1 , 2)
2. respondent's argument against category change (Para 3 , 4)
3. court's reasoning on category application (Para 5 , 6 , 7)
4. writ petition dismissed (Para 8)

JUDGMENT

Rekha Palli, J. (Oral)--The petitioner has approached this Court assailing the respondents' action in not considering his candidature in the Children/Widows of Personnel of the Armed Forces (CW) category for admission to the LLB course at the respondent no.1 University for the academic year 2021-22.

2. The petitioner had applied as a Scheduled Caste (SC) category candidate for admission in the LLB course in July, 2021 and had also appeared in its entrance examination held on 29.09.2021 under the said reserved category. However, it is only after the result was declared in November, 2021 that he realised that he was not likely to make it to the merit list for admission as a SC candidate and therefore, decided to make a representation to the respondent on 11.11.2021 for considering his case under the CW category. In his representation, the petitioner stated that he was possessing all the necessary documents for admission in the CW category. Upon receiving no reply to his representation, the petitioner claims to have visited the office of the respondent and thereafter submitted another representation on 18.01.2022, which also remained unanswered. It is then that the petitioner approached this Court in the last week of February, 2022 seeking a direction to the respondent to consider his candidature for admission to the LLB course in the CW category.

3. Per contra, Mr. Rupal, learned counsel for the respondent, vehemently opposes the petition on the ground that the petitioner, having chosen to apply in the SC category for admission, could not be subsequently allowed to change his category. He contends that the University deals with admissions of about 3 lakh students in every academic year, and therefore, cannot permit candidates to change their categories after the filling of the application form. Moreover, in the present case, the petitioner has sought to change his category from SC to CW not just after filling the application form but even after the result of the entrance examination had already been declared and therefore, the respondents were justified in not acceding to his request.

4. Mr. Rupal further submits that the fact that no change in the category would be permitted at a later stage, was duly mentioned not only in the prospectus issued by the Faculty of Law for the academic year 2021-22, but also specifically highlighted in paragraph 11.9 of the PG Bulletin issued by the Delhi University. He, therefore, contends that if a change in category were to be permitted after the filling of the admission forms or after declaration of the entrance examination results, the same would affect the entire basis of the allotment of the seats and lead to utter chaos in the admission process. He therefore, prays that the writ petition be dismissed.

5. Having considered the submissions of learned counsel for the parties, I am unable to accept the petitioner's plea for issuance of directions to the respondents for considering his candidature in the CW category at this belated stage. In my view, the petitioner having knowingly chosen to apply under the reserved category of Scheduled Cast (SC), cannot now be permitted to contend that he had mistakenly failed to mention that he was a CW category candidate. In fact, it appears that the petitioner took his chance as a SC candidate while applying for admission, and it is only when he realised that he would not be able to secure admission in the said category, that he now wants to be considered under the CW category.

6. I also find merit in Mr. Rupal's plea that any such change of category after declaration of the results of the entrance examination would have far reaching repercussions on the entire admission process and would cause grave prejudi

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