Point of Law: if vacant seats are at all required to be filled in, the admissions must be accorded strictly on the basis of the academic merit of the candidates and thus, the writ petitioners, who do not stand in merit on the basis of the marks obtained in qualifying examination, could not have been directed to be admitted to the course.

JUDGMENT :

Sangeet Lodha, J.

1. These intra-Court appeals are directed against the order dated 9.7.21 passed by the learned Single Judge of this Court, whereby the appellant-University of Rajasthan (‘the University’), has been directed to give provisional admission to the writ petitioners, the respondents herein, in LL.M. (General) course for academic session 2020-21 as also to accept their off-line examination forms for First Semester Examination to be held in near future.

2. The facts relevant are that the writ petitioners filed the writ petitions, questioning the legality of the action of the University in granting admission to LL.M.(General) course for the academic session 2020-21, pursuant to notice dated 19.1.21, on the basis of the marks obtained in the qualifying examination i.e. Bachelor Degree in Law.

3. Precisely, the case set out by the writ petitioners was that as per rules of the University, the admission to PG Programme in Law is required to be made through entrance test and academic merit, wherein 70% weightage is given to the marks obtained in the entrance test and 30% to the percentage of the marks secured in qualifying examination. However, during the academic session 2020-21, the admissions have been accorded solely on the basis of the percentage of marks obtained in qualifying examination. According to the writ petitioners, for the purpose of grant of admission to LL.M. (General) course, the University was required to conduct the entrance test as provided under the rules and thus, the admission accorded solely on the basis of marks obtained in qualifying examination is patently illegal.

4. A reply to the writ petitions was filed by the University, taking the stand that though the admission to LL.M. course in the Department of Law is given through entrance test but, due to outbreak of COVID-19, during the academic year 2020-21, it was not possible to conduct the entrance test and therefore, as per directions issued by the State Government, admissions were made on the basis of academic record of the candidates.

5. On 3.2.21, the learned Single Judge passed an interim order in favour of the writ petitioners, in the following terms:

“Learned counsel for the petitioners is directed to serve copy of the writ petition to Dr.YC Sharma, who is present in the Court and is directed to accept notice on behalf of the respondent-University. His name be shown in the cause-list.

Learned counsel for the respondent-University- Dr.YC Sharma is directed to seek necessary instructions and inform this Court about availability of LL.M. seats in the University.

This Court further directs that if additional seats of 10% in LL.M. Course has not so far been filled, the respondent-University will not fill these seats till next date of hearing.”

6. Pursuant to the order passed by the learned Single Judge as aforesaid, the respondent-University filed an additional affidavit clarifying that 12 seats are lying vacant in different categories for admission to LL.M. course in academic session 2020-21. Taking into consideration the stand of the University in the additional affidavit filed, the learned Single Judge passed an interim order dated 9.7.21 in favour of the writ petitioners in the following terms:

“Considering the affidavit submitted by the respondents that twelve seats are lying vacant under LLM General Course 2020-2021 and total number of petitioners involved in this litigation are ten only, I deem it just and proper to direct the university to give provisional admission to the petitioners in the L.L.M. General Course 2020-2021 and also accept their offline examination forms for first semester examination to be held in near future, however result of the petitioners shall not be declared before prior permission of this Court.”

7. As per the Admission Policy 2020-21 issued by the Commissionerate College Education, Rajasthan, for admission to LL.M. course during the academic session 2020-21, the only eligibility condition provided was that