
The Delhi High Court has given a very important and decisive verdict on the ongoing controversy regarding the admission process and eligibility rules in the undergraduate (UG) courses of Delhi University (DU). The court has put legal seal on the admission policy of the university administration, under which for the students appearing in the Common University Entrance Test (CUET-UG), only those subjects’ marks which they have duly studied and passed in the Class 12 board examination are considered valid.
While rejecting the petition, the single bench of the High Court made it clear that any university has the autonomous right to decide its academic standards, quality of curriculum and admission rules. If the University has made a rule of mandatory mapping between 12th and CUET subjects, then it cannot be held arbitrary, illegal or illogical.
This legal dispute started when some candidates had given domain tests in the CUET exam on subjects which they had not studied in their 12th class. The students argued that since the CUET exam conducted by the National Testing Agency (NTA) gives free rein to any student to choose the domain subjects of their choice, Delhi University should also give admission on the basis of those scores.
The petitioners had challenged the rule mentioned in the Information Bulletin of DU, in which it was clearly written that students will be considered for CUET only on the basis of those papers which are recorded in their 12th board marksheet. The petitioners alleged that this rule limits the freedom of students to choose subjects and is contrary to the basic objective of CUET.
Before the court, senior advocates on behalf of Delhi University strongly defended the admission policy of the university. DU clarified that CUET is only an entrance examination, but the right to decide the minimum eligibility and merit formula is reserved with the Academic & Executive Council of the university.
The university argued that if a student has studied Science stream (PCM/PCB) in 12th and without any academic preparation, scores high marks in CUET by giving papers of other optional subjects just for the sake of easy scoring, it would be a grave injustice to the students who have studied that subject intensively for two years at the 12th level. Therefore, to maintain fair competition and academic discipline among all classes, matching of 12th and CUET subjects has been made mandatory.
Delhi High Court considered DU’s arguments completely fair and valid. The bench, in its decision, underlined that the university prepares the rules based on the recommendations of academicians and experts. Unless a rule directly violates the fundamental rights of the Constitution or is grossly mala fide, courts should not interfere in the policy decisions of educational institutions.
The court said that DU had published this condition in very clear letters in its prospectus and brochures from day one. No student was kept in the dark. In such a situation, it is not appropriate to challenge the rules after appearing in the examination.
With this historic decision of the High Court, the situation has become completely clear for lakhs of students who wish to get admission in DU in the upcoming sessions:
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Accurate topic selection: Students will have to take special care while filling the CUET form. They have to choose only those subjects as domain test which are present in their 12th mark sheet.
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Marks invalid for choosing wrong subject: If a student gives any other domain paper other than the 12th subjects, then while preparing the DU merit list (CSAS Portal), the marks of those additional subjects will be considered as zero or will not be included in the calculation.
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Stream change rules: If a Science or Commerce student wants to take admission in Arts/Humanities (e.g. BA program or BA Hons), he/she will still have to appear in CUET in his/her 12th core subjects (e.g. Physics, Chemistry, Maths or Accounts, Economics). On the basis of those marks, DU will decide the merit of the student in Arts Faculty.
This decision of the High Court has provided legal strength to transparency and continuity in the DU admission system. Students are advised to concentrate completely on preparing for their main subjects of 12th for CUET without getting carried away by any deception.
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