Point of Law: Once the benefit of reservation is extended to EW category candidates, their exclusion from the benefit of relaxation in criteria as is available to other reserved category candidates, would fall foul of Article 14 of the Constitution making the Regulations of 2016 vulnerable to unconstitutionality.

JUDGMENT :

1) The reliefs sought in the instant writ petition are reproduced as under:-

I. Issue an appropriate writ, order or direction in the nature of Mandamus, the decision to exclude the petitioner from the process of Presentation/Interview for admission to PhD Programme in Media Studies on the ground that the Petitioner has not obtained qualifying marks as 50% in the Entrance Test, be declared as illegal and Unconstitutional and there to be quashed.

II. Issue a writ, order or direction in the nature of Mandamus, respondents be directed to allow the petitioner to participate in the process of Presentation/Interview for admission to PhD Programme in Media Studies, to be conducted by the respondents on 28th July 2021 and 29th July 2021.

III. Issue a writ, order or direction in the nature of Mandamus, the respondents be directed to grant admission to the petitioner for undergoing PhD in Media Studies for the academic session 2020-21, against the one (1) vacancy required to be reserved for members of Economically Weaker Sections (EWSs).

2) The case set up by the petitioner is that on 26.02.2021, respondent No.2 issued an admission notice regarding conduct of Admission Test for admission to various Ph.D. programmes during academic session 2020-21. The admission notice was accompanied by instructions governing the process of admission. As per these instructions, qualifying marks are 50% (45% in case of reserved category candidates).

3) In response to the above admission notice, petitioner being eligible for seeking admission to Ph.D. in Media Studies submitted her online application form along with all requisite documents seeking her consideration under Economically Weaker Section (EWS) category. The petitioner appeared in the entrance test conducted by the University and she secured 47 points. According to the petitioner, she had qualified the entrance test and, therefore, she submitted her research proposal to respondent No.3. However, the name of the petitioner did not figure in the notice dated 15.07.2021, issued by respondent No.3, whereby candidates were called for presentation/interview She, accordingly, submitted a representation with respondent No.1. In response to the said representation, she was orally informed that she has not secured qualifying marks of 50% (50 points) in the entrance test. It is this action of the respondents which has been challenged by the petitioner by way of instant writ petition.

4) It is contended in the writ petition that in the case of reserved category candidates, there was a relaxation of 5% and petitioner being a candidate belonging to EWS was entitled to aforesaid relaxation in her qualifying marks in the entrance test and, as such, she could not have been excluded from being admitted to the process of presentation/interview.

5) The writ petition has been contested by respondents by filing reply thereto. In their reply respondents have admitted the fact that the petitioner belongs to EWS category. The respondents have also admitted other factual aspects mentioned by the petitioner in her writ petition. It is, however, contended by respondents that in the admission notice it was clearly indicated that only the candidates belonging to reserved categories are required to obtain qualifying marks of 45% whereas rest of the candidates are required to obtained 50% marks. The respondents have further relied upon notification dated 27.08.20218 issued by Ministry of Human Resources Development, which provides for relaxation in criteria in various reserved categories which include SC/ST/OBC (Non-creamy layer)/Differently-abled but the same does not provide for relaxation in criteria for EWS category. Thus, according to respondents, though the petitioner is entitled to seek her admission in the quota reserved for EWS category yet so far as relaxation in qualifying criteria is concerned, the same is not ap