After Contrary Stands, Delhi High Court Asks UGC Chairman To Clarify If CUET Mandatory For 5-Yrs Law Course At Central Universities

The Delhi High Court has directed the Chairman of University Grants Commission to clarify whether CUET is mandatory for five-year law degree course for all Central Universities, after the statutory body made contrary submissions on the issue.

A division bench of Chief Justice Satish Chandra Sharma and Justice Sanjeev Narula was hearing a PIL challenging Delhi University’s decision to offer admission in its newly introduced five-year integrated law courses solely on the basis of CLAT-UG 2023 score.

The court noted that the UGC, while opposing the plea, supported the varsity’s decision and said that “different yardsticks” in terms of assessment or evaluation may be required to select students for admission in the Five-Year Integrated law programme which is a “professional degree programme.”

At the same time, it also noted that a letter issued by UGC’s Joint Secretary in March stated that CUET shall be mandatory for admission in all the Undergraduate Programmes in all the Central Universities.

“Meaning thereby, the UGC has categorically resolved that the CUET is mandatory for admissions in all Under-Graduate Programmes in all Central Universities as underscored in the Letter. Let the Chairman of the UGC file an affidavit categorically stating whether CUET is mandatory for Under-Graduate Five Year Law Degree Course for all Central Universities in the matter of grant of admission or not. The same be done positively within three days,” the court said.

The court also directed the Delhi University to also file an additional affidavit stating categorically whether admissions to the five year law degree course shall be made on the basis of CLAT Examination this year only, or whether the same pattern will also be followed in subsequent years.

“It is further clarified that, even though, the current approval is for one year only, the University shall make its stand very clear on the mode of examination i.e. CUET or CLAT for admission in the Five-Year Law Degree Course for the next Academic Year in case such an approval is granted,” the court said while listing the matter for hearing on September 18.

The petition has also been opposed by the Union Ministry of Education who has stated that Delhi University is a statutory body “having an autonomous status” in the management of its day-to-day affairs and that admission to various professional courses is governed by varsity’s own law.

It has submitted that while there are overarching policy guidelines, Universities retain the flexibility through their Academic Councils and Executive Councils to tailor the said guidelines to suit the unique demands of professional courses.

The development comes in a petition filed by Prince Singh, a student of Delhi University, Faculty of Law. 

It is Singh’s case that the varsity, while issuing the impugned notification, has imposed an “unreasonable and arbitrary condition” that the admission to five-year integrated law courses shall be solely based upon merit in the CLAT- UG 2023 result, which is violative of the right to equality under Article 14 and right to education under Article 21 of the Constitution of India.

“That the condition imposed for admission to the Five-year Integrated Law Courses at the Faculty of Law, University of Delhi is wholly unreasonable and arbitrary. It lacks any intelligible differentia and has no rational nexus with the object of admission to the Five-year Integrated Law Courses at the Faculty of Law, University of Delhi,” the plea reads.

The respondents in the PIL are Faculty of Law of Delhi University, Vice Chancellor of the varsity, University Grants Commission and Union of India through Ministry of Education.

Case Title: Prince Singh v. Faculty of Law, University of Delhi & Ors.

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