JUDGEMENT

VIKAS MAHAJAN, J.

1. The petitioner having graduated in B.Sc. (H) Biological Science from the University of Delhi applied for admission in M.Sc. Botany course under the Merit Admission Category as OBC (Non-Creamy Layer) candidate for the academic year 2022-2023 in the University of Delhi.

2. The grievance of the petitioner is that her candidature for admission in M.Sc. Botany under the Merit Admission Category has been ignored, inasmuch as, in the first admission list issued on 02.12.2022 by the respondent no.3, [Department of Botany, University of Delhi] her name does not figure amongst the candidates selected for admission despite the petitioner having scored 88.96% (9.365 CGPA) in B.Sc. (H) Biological Science, whereas the candidates selected for admission at serial number 5 to 12 in the list are having much lesser percentage, varying from 88.71% to

86.40%. The first admission list dated 02.12.2022 for M.Sc. Botany-2022 for OBC Non-Creamy Layer (Merit Based) [Annexure P/1, page 24] reads as under:-

3. The petitioner‟s version is that on enquiry being made from the admission branch of the respondent no.1, she came to know that she is not eligible for merit or percentage-based admission in the M.Sc. Botany Course in terms of the prospectus released by the university, for the reason that she does not possess the eligibility qualification of B.Sc. (Hons.) Botany.

4. Intriguingly, it is petitioner‟s own case that the eligibility criteria for admission in Program 55: M.Sc. Botany (both merit and entrance based) [Annexure P/3, page 27], is a part of Bulletin of Information 2022. The said Bulletin provides B.Sc. (Hons.) Botany from University of Delhi as eligibility criteria for admission under the Merit Category. The eligibility criteria as provided in the said Bulletin reads as under:

5. The contention of the petitioner, however, is that she has been misled by the online application form for admission to M.Sc. Botany [Annexure P/4, page 28 at p.29] (hereinafter referred to as „PG Admission Form‟) filled by her wherein for the Merit Based Category, the eligibility criteria also includes B.Sc. (Hons.) Biological Science. The same reads as under:-

For Merit Based Category Code-3 B.Sc. (Hons.) Botany/B.Sc. (Hons.) Biological Sciences (3 Years Course after 10+2) from University of Delhi only.

60% or above marks in aggregate or equivalent grade.

6. In view of the above criteria mentioned in the PG Admission Form, the petitioner urges that she is fulfilling all the requisite qualifications stipulated for admission to the M.Sc. Botany Course under the Merit Category and would have secured 4th rank in the merit list published for the OBC (NCL) Category [Annexure P/1] with her aggregate 88.96% marks in B.Sc (H) Biological Science.

7. In the above background, the petitioner filed the present petition with the following prayer:-

“a) Directing the respondents to place the relevant records pertaining to the present writ petition before their Lordships for the proper adjudication in the matter in the interest of justice.

b) Declaring the actions of the respondents wrongly ignoring the candidature of the petitioner for admissions in M.Sc. Botany 2022 in admission category: OBC Non-Creamy Layer (Merit Based) while issuing first admission list on dated 02.12.22 whereas the petitioner is having 88.96% (9.365 CGPA) in B.Sc. (H) Biological Science and the candidates selected for admission from serial no.5 to 12 are having much lesser percentage (88.71 to 86.40) than the petitioner; further (c) Directing the respondents to add the name of the petitioner for admissions in M.Sc. Botany 2022 in admission category: OBC Non-Creamy Layer (Merit Based) as the petitioner is having 88.96% (9.365 CGPA) in B.Sc. (H) Biological Science with all other consequential benefits in accordance with the relevant rules and instructions on the subject.

(d) Allowing the present writ