JUDGMENT

SUBRAMONIUM PRASAD, J

1. The Appellant seeks to challenge the Order dated 28.09.2022, passed by the learned Single Judge in W.P. (C) 13575/2022, dismissing the writ petition which was filed by the Appellant herein for a direction to the Respondents herein to admit her provisionally against the vacant seats in Ph.D programme, Department of Electrical Engineering at Jamia Millia Islamia ('University').

2. The facts, in brief, leading to the present appeal read as under:

a) The Respondents/University issued a notification dated 21.03.2022 for admission to its Ph.D programme for the academic session of 2021-2022. The Appellant applied for admission to the Ph.D programme, appeared in the entrance test, and was declared successful.

She submitted her research proposal with the Departmental Research Committee (DRC) of the University. She was called for an interview on 21.07.2022, and on the basis her presentation, she was declared as a selected candidate in the provisional list vide notification dated

11.08.2022 issued by Respondents/University.

b) It is stated that the candidature of the Appellant was rejected in a meeting conducted by the Departmental Research Committee (DRC). The rejection of the Appellant was on the basis of the Minutes of Meeting dated 23.08.2022 whereby instructions had been received from the competent authority of the University that only those Ph.D candidates would be admitted in Ph.D programmes (whose supervisor's name is to be approved), who have completed the post-graduate (M.Tech) in 2021 or before.

c) It is stated that since the Appellant had not completed her post-graduate (M.Tech) in 2021 or before, she was not declared as eligible for taking part in the Ph.D programme for the academic session 2021-2022.

d) The decision taken by the Departmental Research Committee (DRC) in the meeting dated 23.08.2022, by which the Appellant was declared ineligible for admission to Ph.D programme, was challenged by the Appellant herein by filing the W.P. (C) 13575/2022 before this Court.

e) W.P.(C) 13575/2022 was dismissed by the learned Single Judge vide Order dated 28.09.2022. Aggrieved by the same, the Appellant has approached the Court by way of an appeal.

3. It was contended by the learned Counsel appearing for the Appellant that on the day when the interview was conducted by Departmental Research Committee (DRC) i.e., 21.07.2022, the Appellant had acquired the requisite qualification i.e., degree in M.Tech programme. It is contended that the University cannot be permitted to change the eligibility criteria after the Appellant had cleared the examination. It is further contended that there were vacant seats available and, therefore, no prejudice would be caused to any candidate, if the Appellant was admitted to the Ph.D programme.

4. The stand of the University was that the Appellant had applied for admission to the Ph.D programme for the academic session of 2021-2022. However, when she applied for the said programme, her academic session for M.Tech programme was ongoing and, therefore, she could not have been permitted to take admission as it would have led to the Appellant attending two courses/programmes in the same academic session, which is impermissible.

5. The learned Single Judge vide impugned Order dated 28.09.2022 dismissed the writ petition and held as under:

"9. In the opinion of the Court, relief sought cannot be granted as: -

9.1 Petitioner was not eligible for admission in terms of notification dated 23rd August, 2022. The law relating to eligibility criteria for purpose of admission is well settled and the Court does not ordinarily interfere with the same unless there is manifest arbitrariness on part of university/institution.

9.2 Petitioner appeared in entrance examination for Ph.D. programme for academic session 2021-22, without having the requisite qualification, merely on basis of having appeared for M.Tech. examinations. She had not acquired M.Tech. degree as on date of inviting of application for