The Delhi HC comprising single Judge Bench of Justice Prathiba M Singh directed the Delhi University (DU) to be flexible and relook at its course structures, eligibility criteria and modify the same, well within time, so that students are not put to hardships in the forthcoming academic years.
The petition filed by a Class XII pass out student from Science stream seeking for the modification of eligibility criteria for admission into Delhi University for B.Sc (Hons.) Physics course.
The Petitioner stated that computer science to be included for the calculation of the aggregate as a best of four subjects percentage for the admission into B.Sc (Hons.) Physics course.
The petitioner secured a centum in computer science and realised that he has a chance of getting admitted into top colleges in DU if the marks of this subject are counted for the aggregate of best of four subjects. He also came to know that a representation had been made by Mr Rajeev Kumar Dubey to DU in July 2020 to add computer science as one of the subjects for calculation of Aggregate for the admission.
However, DU rejected the representation. Mr Dubey filed a Writ Petition which was dismissed by Division Bench.
Mr V. Shekar learned counsel for the petitioner stated that the petitioner is not seeking for the deletion of the chemistry but seeks for the addition of computer science as one of the subjects for calculation of aggregate and further states that exclusion of computer science is irrational, arbitrary and defies logic.
He submits that for studying physics, knowledge of computer science is very relevant and computer-related subjects are there in almost all semesters.
Mr Mohinder Rupal, learned Counsel for Delhi University argued that the petitioner was not aggrieved by the eligibility criteria before the results being announced, which itself shows that because the petitioner has scored a centum in computer science, he wants computer science to be considered.
Mr Rupal mentioned that the University Grants Commission (UGC) provided regulation of 60 days mandatory period before notifying any change in eligibility criteria. Further submits that by the time the writ petition was filed, the registration process had already commenced and other students could be put to an enormous disadvantage if the criteria are changed at this stage when the admission process is at an advanced stage.
He, however, agrees to the fact that the eligibility criteria have remained the same over the last 3 to 4 years.
Upon looking into the matter the court raised a question of whether the consideration of computer science can be directed at this stage.
The learned Division Bench of this Court had held that DU had failed to follow the mandatory condition of publication in changing the eligibility conditions for admission, as per Rule 14(1) of the Regulations issued by the University Grants Commission (UGC) in 2019.
The learned counsel for DU has stated that Owing to the pandemic situation, DU has not changed the eligibility criteria for the academic year 2020-21 and is following the same criteria as was prevalent in 2019-2020.
The learned Division Bench had made it clear that DU would have the flexibility to make changes to its eligibility criteria, in accordance with the law.
The Court opined that the students who have studied in class XII would already have an assessment as to the aggregate of their best of four subjects and the colleges where they may be entitled to get admission.
The Hon’ble Court observed that at this stage change in the eligibility criteria would not be permissible as the race has already begun and the delay in raising the challenge, leaves no room for any other directions for being passed.
Delivering its order the court disposed of the petition and all its pending applications.