The Allahabad High Court has set aside the order of canceling the petitioner’s candidature by changing the eligibility standards after the completion of the admission process in MA Women’s Studies PG course.
A Single Bench of Justice Ashutosh Srivastava passed this order while hearing a petition filed by Ajay Singh.
By means of the petition, under Article 226 of the Constitution of India, the petitioner has sought quashing of the letter/order dated 27.4.2023 along with the Resolution-9 dated 3.6.2022 approved by the Academic Council of the respondent/University in its meeting dated 25.6.2022 and Notified on 29.7.2022.
By the impugned letter/order, the candidature of the petitioner for seeking admission in the Second Post Graduate Course pertaining to MA in Women Studies for the Academic Session 2022-23 has been rejected on the ground that the petitioner does not fulfill the criteria laid down by the University on 25.6.2022 notified on 29.7.2022.
It is the case of the petitioner that after obtaining LLB Degree from University of Allahabad with 55.8% marks and LLM from University of Allahabad with 76.76% marks pursuant to an Entrance Test Notification for Post Graduate Admission issued by the Allahabad University in the year 2022 for the academic session 2022- 23 applied for admission in M.A Women Studies Course offered by the University.
The Entrance Test Notification issued by the University provided that the PGAT2022 was classified into two categories namely, PGAT-1 meant for courses in conventional subjects as mentioned in List I, II, III and List IV whereas PGAT-II meant for courses in specialized/non conventional subjects as mentioned in List V.
Since, the petitioner had applied for MA Women Studies which fell is List V, he was required to take the PGAT-II entrance examination. The Brochure (Information and Guidelines) issued by the University relating to the eligibility to appear in the eligibility test besides fulfilling the eligibility criteria provided under Clause 1.2 the petitioner was required to satisfy the additional condition provided under Clause 1.3.8.
The additional condition provided that where a prospective candidate claims genuine interest in pursuing studies in a new post graduate programme and presents credible evidence in affirmation of such genuine interest, may apply for second post graduate examination subject to the condition that he must have passed first PG exam by more than 60% marks and is granted permission by Vice Chancellor, University of Allahabad.
The petitioner being eligible took the entrance examination and was awarded total marks 141.1. The Committee formed by the University to shortlist the candidates took a decision to permit the petitioner to take admission along with other candidates. The petitioner had applied under OBC category and topped the category with 141.1 marks. The entrance test was held on 7.8.2022, however, no intimation was sent to the petitioner. The petitioner reliably learnt that candidates having lesser marks were allowed admission but the petitioner was denied the same. The petitioner represented the University. The University in response to the representation of the petitioner vide letter dated 29.11.2022 informed the petitioner that his candidature was found ineligible by the Admission Committee in its meeting held on 3.6.2022 wherein under Agenda-9, it was resolved that candidates who have already passed post graduate in any subject may apply for admission in any other subject of the post graduate, provided the candidate has secured 9 grade points on a 10 point scale in the previous PG Course.
The petitioner is stated to have challenged the letter dated 29.11.2022 as also the Minutes of the Meeting before the Court by means of Writ Petition (C) No 2031 of 2023 which writ petition was disposed of vide order dated 16.2.2023 directing the concerned Competent Authority of the University to complete the process of admission in the course concerned most expeditiously and preferably within a period of three weeks taking note of the instructions received by the Law Officer, University of Allahabad that the applications of various other students along with the petitioner were still pending for consideration and approval and no admission of double MA had been done till date.
The order dated 16.12.2023 of this Court was not complied with within the time stipulated and a Contempt Petition No. 2563 of 2023 was filed. The Contempt Court was informed on 27.4.2023 that the admissions have been finalized. The petitioner vide letter dated 27.4.2023 received on 9.5.2023 was informed that admission into the Second Post Graduation Course requires the approval of the Vice Chancellor, University of Allahabad and that the Admission Committee in its meeting dated 3.6.2022 had resolved to alter the norms/criteria of admission in second PG course. The Academic Council of the University approved the norms/criteria on 25.6.2022 which was notified on 29.7.2022. The names of 07 candidates have been approved and candidates have been communicated by the office of the Director Admissions-2023 on 3.3.2023. Since, the petitioner was not found eligible as per the criteria for second PG Admission, his name did not figure in the list.
In the opinion of the Court, the core issue to be adjudicated by this Court is as to when the admission process can be stated to have commenced and concluded and as to whether the change in the eligibility criteria brought about by the University vide its Resolution dated 25.6.2022 notified on 29.7.2022 could be applied to non suit the petitioner, the Court said.
Having heard the counsel for the parties and having gone through the records as also the various decisions cited at the Bar, the Court found that both the counsels are on the same plain regarding the legal position that rules of the game cannot be allowed to be changed after the selection process has commenced.
In the opinion of the Court, the selection process can be said to be commenced with the closing of online registration and payment fixed by the University i.e 1.7.2022 which is the date thereafter the application forms received shall be processed. Admittedly, the change in the eligibility criteria was made by the Resolution dated 25.6.2022 which fell within the last date of accepting the registration form and payments. However, the resolution of the Academic Council of the University was notified only on 29.7.2022 which was on a date anterior to the last date of acceptance of the registration forms. The last date i.e 1st July, 2022 was never extended by the University. In such a view of the matter, the University proceeded to change the rules of eligibility after the selection process had already commenced. The amended criteria could not be applied to the case of the petitioner to non suit him. The impugned action of the University being contrary to law is liable to be set aside”, the Court observed while setting aside the petition.
A question now arises as to what relief can be given to the petitioner once the Court has found that the University illegally declared the petitioner to be ineligible for admission to the course applied for. The petitioner had applied for admission to the Session 2022-23. The session has already commenced rather it is on the verge of coming to an end. No fruitful purpose would be achieved by directing the University to consider the candidature of the petitioner for admission to the course MA Women Studies now. However, the Court also found that the petitioner has suffered immensely and he has been dragged into unnecessary litigation and was compelled to approach the Court on three occasions.
In the opinion of the Court, the petitioner is liable to be compensated with costs quantified at Rs 50,000/- which shall be payable to the petitioner by the respondent/University within a fortnight.
The Court consigned the petition to records with the aforesaid directions.