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2024 Supreme(Online)(DEL) 12697
HIGH COURT OF DELHI
Swarana Kanta Sharma, J
VIDUSHI KASNIYA – Appellant
Versus
UNIVERSITY OF DELHI & ORS. – Respondent
W.P.(C)-11640/2024
The University has discretion to determine eligibility criteria for sports quotas, and the terms of the Bulletin of Information are binding on candidates, thus excluding Karate from the Sports Numerary Quota is valid.
Headnote:(A) Constitution of India - Articles 14, 226, and 227 - Writ petition for admission under Sports Numerary Quota - Petitioner denied admission to M.A. Psychology due to exclusion of 'Karate' from the sports list in the Bulletin of Information - Court held that the University’s decision to exclude certain sports from the quota is a policy decision and not arbitrary - Terms of the Bulletin are binding and cannot be challenged post-application. (Paras 1, 30, 34)
Facts of the case:
The petitioner, a 21-year-old graduate and a meritorious sportsperson in Karate, sought admission to M.A. Psychology under the Sports Numerary Quota but was unable to select Karate in the online application form due to its exclusion from the list. (Paras 2, 10)
Findings of Court:
The University’s policy regarding sports included in the Supernumerary Quota is valid, and the exclusion of Karate does not violate the petitioner’s rights. (Paras 30, 34)
Issues: Whether the exclusion of 'Karate' from the Sports Numerary Quota for postgraduate courses is discriminatory and violates the petitioner’s fundamental rights. (Paras 14, 30)
Ratio Decidendi: The court ruled that the University has the discretion to determine eligibility criteria for sports quotas, and the terms of the Bulletin are binding on all candidates. (Paras 30, 34)
Result: Writ petition dismissed.
JUDGMENT
SWARANA KANTA SHARMA, J.
1. The present writ petition under Article 226 and 227 of the Constitution of India, has been filed on behalf of the petitioner Ms.
Vidushi Kasniya seeking following reliefs:
“(a) Issue a writ of certiorari or any other appropriate writ, order or direction to Respondent No. 1 to consider the Petitioner's Application for Admission to MA Psychology Course for the session 20242025 and grant admission under the Sports Numerary Quota in the Category B 1, B2, B3 as mentioned in the information Bulletin.
(b) Declare the Classification whereby the same University in the undergraduate Courses offer Sports Numerary Quota for "Karate" and deny the Sports Numerary Quota for "Karate" in the Postgraduate Courses as discriminatory and violative of Fundamental rights of the Petitioner.
(c) To direct the Respondent No. 1 to allow the prospective students to apply online as well as offline against available seats under the Sports Numerary Quota to avoid any future litigation in this regard.
(d) To direct the remaining Respondents to frame strict guidelines with respect to the sports which are recognized and shall be mandatorily included under the Sports Quota without any discrimination course wise.
(e) To direct the Respondent No. 1 to pay the Litigation cost of this Petition to the Petitioner.”
FACTUAL ASPECTS
2. The petitioner herein, who is 21-years-old and has completed her graduation in Bachelors of Arts (Psychology), aspires to undertake higher studies in Master of Arts (Psychology) from the prestigious University of Delhi. The petitioner states that she is a meritorious sportsperson in Karate and has been conferred with Scholarship for Sports Persons for the academic session 2023-24 in her undergraduate program.
3. The facts leading to the filing of the present petition are that from academic session 2023-24 onwards, the marks secured by a candidate in the Common University Entrance Test [„CUET‟], conducted by the National Testing Agency [„NTA‟], were to be made the sole criteria of admissions in to seats in Undergraduate [„UG‟] and Postgraduate [„PG‟] courses in University of Delhi. It is stated that the University of Delhi had issued a schedule for online registration on University's portal, for admission in PG Courses through Common Seat Allocation System [„CSAS‟] in May 2024. A Bulletin of Information/ Prospectus/ Brochure regarding the same was also published, with the title „CSAS For Admission to Postgraduate Programs Academic Session 2024-25‟ [„CSAS (PG)- 2024‟]. This Bulletin of Information contained 21 Chapters and 3 Annexures.
4. It is stated that the Chapter 1 of the Bulletin of Information, which contains „General Information‟, provides as follows:
“Admission to all PG Programs is done on the basis of the eligibility criteria and procedures specified by the University on its website, Post-Graduate Bulletin of Information-2024 (PG-BOI) and Common Seat Allocation System (Postgraduate)-2024 (CSAS(PG)- 2024).
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For the academic year 2024-25, admission to all PG Programs of UoD will be done on the basis of the Common University Entrance Test-Postgraduate 2024 (CUET(PG)-2024) only. Admitting students through UoD‟s online platform Common Seat Allocation System (PG)-2024 is binding on all Colleges and Departments, as applicable, of University of Delhi.
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8. It is mandatory for the candidate to apply and fill preferences, wherever applicable, online in CSAS (PG)2024 portal of UoD (https://pgadmission.uod. ac.in). Application submitted through any other mode will not be accepted under any circumstances.
9. Seat allocation to all PG Programs will be based solely on the scores obtained in CUET (PG) - 2024.
10. For allocation of seats in Performance/Practical/ Audition/Sports Proficiency based Programs, and in Sports Supernumerary Quota, a combined score of CUET (PG) - 2024 and Performance/ Practical/ Audition/ Sports Proficiency test/ trials and/or certificates will be considered.
11. The CSAS(PG)-2024 merit list/s publ
