Delhi University Admissions: High Court Junks Plea Challenging Seat Allocation Policy For CUET, 2022

The Delhi High Court has dismissed a plea challenging Delhi University’s policy for seat allocation in admissions to various undergraduate courses in its colleges through Common University Entrance Test, 2022.

A vacation bench of Justice Vibhu Bakhru said the challenge is unsubstantial, and that there is no plausible reason to hold that the Common Seat Allocation System (CSAS) is arbitrary, unreasonable and falling foul of Articles 14 or 21 of the Constitution of India.

The court was hearing a plea moved by two candidates, who apart from challenging the CSAS, also sought permission to change their course or seat mutually.

In the first list of CSAS (First Round) declared on October 18, 2022, one of the petitioners secured 800 out of the maximum of 800 marks whereas the other secured 795 marks in CUET-2022.

The petitioners were accordingly allocated seats as per their first preference and accepted their admission in St. Stephen’s College. They took admission to the courses of BA Programme and BA (Hons) English, respectively.

However, later, they felt their first preference was incorrect and sought to alter the same. The varsity had declined their request for such change.

Rejecting the plea, the court noted that the communication received by the petitioners from the University advised the candidates that they would be required to take admissions as offered in the round but would be able to opt for upgradation in subsequent rounds.

“The use of the word ‘upgradation’ clearly indicates that such participation in further rounds would be available only to those candidates who had not secured admission in accordance with their first preference. Clearly, those students who had secured the admission as per their first preference would have no scope of further ‘upgradation’. In terms of the CSAS, the change of seats as sought by the petitioners is not permissible,” the court said.

The court also rejected the contention that the petitioners had any right to insist on the change of their seats or to participate in fresh rounds for reallocation of the seats.

However, the court also said that if the right of other students is not adversely affected, the Delhi University and St. Stephen’s College ought to consider the request made by the petitioners.

“Thus, although this Court finds no ground to interfere with the CSAS, and as already held that the petitioners have no right to seek the relief as sought; considering that no prejudice would have been caused to any of the students, this Court considers it apposite to direct the respondents to consider this as a one-off case,” the court ordered.

Justice Bakhru clarified that if the requests of the petitioners are entertained, the same would not constitute a precedent.

Title: BHAVIKAA KESHWANI & ANR. (THROUGH THEIR LEGAL GUARDIANS) v. UNIVERSITY OF DELHI & ANR.

Citation: 2023 LiveLaw (Del) 2 

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