The principle of estoppel applies to candidates who participate in a selection process without objection and cannot challenge the process after its completion.

ORDER PRAKASH SHRIVASTAVA, J. – By this petition, the petitioner has prayed for a direction to the respondents to grant her admission in B.A. LL.B. Course for academic session 2020-2021 under the sports quota.

2. The facts in nutshell are that petitioner had applied for admission in B.A. LL.B. Course on the basis of the admission brochure of the respondent No. 1-University and had participated in the entrance test conducted All India basis on 17-10-2020. The petitioner is an OBC candidate and her name was not included in the meritlist, therefore, she has approached this Court.

3. The respondents have filed the reply stating that the petitioner had obtained marks less than the cut off marks for the OBC category and the petitioner is also not entitled to the benefit of relaxation under the sports quota, therefore, she has been deprived the admission.

4. Learned counsel appearing for the petitioner submits that in terms of the unamended Ordinance, the petitioner fulfills the requisite condition for relaxation of marks under the sports quota, therefore, she has wrongly been denied the said benefit. He further submits that the amended Ordinance has not been notified, therefore, the same has no impact.

5. Learned counsel for the respondents has opposed the petition by submitting that the petitioner has no right to challenge the condition of the admission brochure because after participating in the selection process and having failed, she cannot agitate the issue now. She further submits that the selected candidates under the OBC category have not been impleaded and that the Ordinance has duly been amended and in terms thereof, the petitioner is not entitled to the relaxation in the sports quota.

6. Having heard learned counsel for the parties and on perusal of the record, it is noticed that the petitioner has obtained 120 marks in the entrance test whereas the cut off mark for OBC (NCL) category is 126. Since the petitioner has obtained marks less than the cut off marks, therefore, she has not been granted admission.

7. The petitioner is claiming benefit of relaxation in the cut off marks under the sports quota. In the Prospectus and Admission Brochure 2020-21, following was the condition for eligibility prescribed under the sports quota : –

“The following conditions should be fulfilled for the eligibility for seats under sports quota : – (i) The candidates should fulfill the minimum eligibility criteria for admission to the programme. (ii) The candidate should have appeared in the Entrance Test of the concerned programme and cleared the cut off marks, if any, for qualifying in the Entrance Test. (iii) The candidate must fulfill the participation rules/norms of Association of Indian Universities (AIU). (iv) The candidate should have played National (senior/junior/sub-junior/youth school/Games Federation of India) at least up to qualifying examination or should have secured a position in Zonal/Inter-Zonal/Direct All India up to 4 th position Inter-University Tournament of AIU games or have participated at these levels.

The merit of the qualified candidates for the admission under Sports Quota shall be decided by the Sports achievement marks awarded on the basis of certificates of achievements. Highest Sports achievement marks/performance of a candidate will only be considered while counting the sports achievement marks.

Sport Achievement Marks in various categories are as follows:
				B-All India/Inter-Zonal Inter-University organized by AIU				C-Zonal Inter-University organized by AIU
Position	Team	Individual		Position	Team	Individual		Position	Team	Individual
1st Position	30	35		1st Position	30	35		1st Position	15	20
2nd Position	25	30		2nd Position	25	30		2nd Position	10	15
3rd Position	20	25		3rd Position	20	25		3rd Position	08	10