Eligibility criteria for academic admissions cannot be altered after the admission process has commenced, ensuring fairness in selection.

JUDGMENT

Ashutosh Srivastava, J.

Heard Shri Dhananjai Rai, learned counsel for the petitioner and Shri Amit Saxena, learned Senior Counsel assisted by Shri Kunal Ravi Singh, learned counsel for the respondents.

2. By means of the instant writ petition, under Article 226 of the Constitution of India, the petitioner has sought quashing of the letter/order dated 27.4.2023 along with the Resolution-9 dated 3.6.2022 approved by the Academic Council of the respondent/University in its meeting dated 25.6.2022 and Notified on 29.7.2022.

3. By the impugned letter/order, the candidature of the petitioner for seeking admission in the Second Post Graduate Course pertaining to MA in Women Studies for the Academic Session 2022-23 has been rejected on the ground that the petitioner does not fulfill the criteria laid down by the University on 25.6.2022 notified on 29.7.2022.

4. It is the case of the petitioner that after obtaining LLB Degree from University of Allahabad with 55.8% marks and LLM from University of Allahabad with 76.76% marks pursuant to an Entrance Test Notification for Post Graduate Admission issued by the Allahabad University in the year 2022 for the academic session 2022- 23 applied for admission in M.A. Women Studies Course offered by the University. The Entrance Test Notification issued by the University provided that the PGAT2022 was classified into two categories namely, PGAT-1 meant for courses in conventional subjects as mentioned in List I, II, III and List IV whereas PGAT-II meant for courses in specialized/non conventional subjects as mentioned in List V. Since, the petitioner had applied for MA Women Studies which fell is List V, he was required to take the PGAT-II entrance examination. The Brochure (Information and Guidelines) issued by the University relating to the eligibility to appear in the eligibility test besides fulfilling the eligibility criteria provided under Clause 1.2 the petitioner was required to satisfy the additional condition provided under Clause 1.3.8. The additional condition provided that where a prospective candidate claims genuine interest in pursuing studies in a new post graduate programme and presents credible evidence in affirmation of such genuine interest, may apply for second post graduate examination subject to the condition that he must have passed first PG exam by more than 60% marks and is granted permission by Vice Chancellor, University of Allahabad.

5. The petitioner being eligible took the entrance examination and was awarded total marks 141.1. The Committee formed by the University to shortlist the candidates took a decision to permit the petitioner to take admission along with other candidates. The petitioner had applied under OBC category and topped the category with 141.1 marks. The entrance test was held on 7.8.2022, however, no intimation was sent to the petitioner. The petitioner reliably learnt that candidates having lesser marks were allowed admission but the petitioner was denied the same. The petitioner represented to the University. The University in response to the representation of the petitioner vide letter dated 29.11.2022 informed the petitioner that his candidature was found ineligible by the Admission Committee in its meeting held on 3.6.2022 wherein under Agenda-9, it was resolved that candidates who have already passed post graduate in any subject may apply for admission in any other subject of the post graduate, provided the candidate has secured 9 grade points on a 10 point scale in the previous PG Course.

6. The petitioner is stated to have challenged the letter dated 29.11.2022 as also the Minutes of the Meeting before this Court by means of Writ Petition (C) No. 2031 of 2023 which writ petition was disposed of vide order dated 16.2.2023 directing the concerned Competent Authority of the University to complete the process of admission in the course concerned most expeditiously and preferably within a period of three weeks taking note of the instruction