Delhi High Court Directs DU to Modify Course Structure and Eligibility Criteria

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The order has come in a writ petition filed by Class XII pass-out student Aviral Shankar. In the present Petition, the Petitioner insists that his Computer Science marks should be considered as part of  the calculation of ‘best of four’ subjects for admission to B.Sc. (Hons.) Physics course.

Facts of the Case:

The Petitioner is a Class XII pass-out from the science stream of The Indian Certificate of Secondary Education Board (ICSE). He wishes to pursue B.Sc. (Hons.) Physics in Delhi University (DU). The Petitioner has scored a centum in Computer Science. He realized that if the marks of this subject are counted in ‘best of four’, then he has a very high chance of getting admitted into one of the top colleges in DU. The Petitioner thus sought the addition of Computer Science as one of the subjects for calculation of the aggregate that was considered for deciding the merit list.

Petitioner’s Submission:

Learned Sr. Counsel, Mr. V. Shekhar appeared for the Petitioner. He argued that the exclusion of Computer Science from the eligibility criteria was irrational, arbitrary, and defies logic. He argues that the knowledge of Computer Science is very relevant for studying Physics.

Further, Reliance is placed on the Full Bench decision of this Court in Jayshree Ravi & Anr. v. University of Delhi & Anr. wherein the criteria of minimum 50% marks in B.A/M.A. examination for LL.B first-year entrance test was quashed. And held to be irrational, improper, and arbitrary.

Respondent’s Submission:

Learned counsel, Mr. Mohinder Rupal appeared for DU. He contended that the entire challenge was bereft of merit. The Bulletin of Information was released in June 2020, but the challenge was made only after the Class XII results were announced. And that itself shows that because the Petitioner has scored a 100/100 in Computer Science, he wants the said subject to be considered. 

Mr.Rupal further submitted that the University Grants Commission’s regulations provide a mandatory 60 days period before notifying any change in the eligibility criteria. And since the registration process had already commenced, other students could be put to an enormous disadvantage, if the criteria were changed at this delayed stage.

Court’s Decision:

The Court observed that change in the eligibility criteria would not be permissible as the registration has already been completed. Hence, the Court is not inclined to direct the addition of Computer Science in the calculation of the aggregate best of four subjects.

Further, a Single Judge Bench of Justice Prathiba M Singh directed DU to take a relook at its course structures and the eligibility criteria, and modify the same in view of interdisciplinarity in modern education.


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