Try Including Admission Quota For Foreign Nationals In 5-Yr LLB Courses From Upcoming Academic Session: High Court To Delhi University

The Delhi High Court has asked the Delhi University to endeavor to include admission quota for foreign nationals in its newly introduced five-year integrated law courses from the upcoming academic session, as per the varsity's extant regulations.

Justice Purushaindra Kumar Kaurav however rejected a foreign national's plea seeking admission in the five-year law courses, under the foreign student quota, for the current academic session (2023-2024).

“Since respondent no.1-University has taken a policy decision to not to provide admission in the concerned Academic Year i.e. 2023-2024 for which almost the entire admission process is over, except for BBA LLB (Hons) five-year integrated programme (spot round-1) is going on, this court finds no reason to interfere into the aforesaid decision and to direct the respondent no.1- University to grant admission the petitioner against this category,” the court said.

It added: “However, there can be no gainsaying that respondent no.1-University must endeavour to include the concerned quota from the upcoming academic session as per the extant regulations.”

The petitioner had sought direction to the Delhi University to make provisions for admission of foreign nationals in the integrated five-year BA LLB (Hons.) or BBA LLB (Hons.) courses in accordance with Foreign Students' Registry guidelines for the current academic session.

It was his case that the varsity's action of not providing adequate reservation upto 10% to foreign nationals was de hors the provisions of the Delhi University Act, 1922, as well as the decision taken by its Academic Council on December 27, 1983, and December 10, 2021.

It was submitted that the Delhi University is obligated to provide upto 10% seats for foreign nationals and should have provided the reservation in its prospectus.

On the other hand, the varsity took the stand that the petitioner did not have any vested legal right to claim admission in foreign national students' category in the five year law courses and that there is no quota fixed by the varsity for foreign students with respect to the concerned course.

It was also submitted that if the University was to carve out a foreign national quota for the concerned year i.e. 2023-2024, the same required various approvals from different Government agencies.

Dismissing the plea, the court observed that the orders of the Academic Council had only prescribed the percentage upto which the admission against foreign national category can be granted.

Justice Kaurav said that the orders cannot be construed to create an indefeasible right in favor of the petitioner, adding that they are not mandatory in nature.

“…when the Academic Council itself has not mandatorily provided for grant of 5% or 10% admission to foreign national students category, there is no question of any direction to that effect, therefore, the decision relied upon by the learned counsel would not have any relevance,” the court said.

It noted that the University in its responses had indicated various reasons, as to why the admission in present Academic Year cannot be granted to foreign national students.

“Accordingly, the instant petition stands dismissed along with pending applications,” the court said.

Counsels for Petitioner: Rajiv Jaipal, Priti Agarwal, Tara Shankar Jha and Sumit Suri, Advocates

Counsels for Respondents: Mohinder JS Rupal, Hardik Rupal, Amisha Jain and Sachpreet Kaur, Advocates

Case Title: Mr. Maahi Neil Jaipal (Minor) v. University of Delhi & Ors., W.P.(C) 13022/2023

Citation: 2023 LiveLaw (Del) 1202

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