Eligibility Rules Changed Post Commencement Of Selection Process: High Court Directs Allahabad University To Compensate Candidate Declared Ineligible
Earlier this month, the Allahabad High Court directed the University of Allahabad to pay a cost of Rs. 50,000 to a candidate who was otherwise eligible if the criteria had not been changed subsequent to the closure of registration forms.In a petition filed by a candidate seeking admission in second post graduate course in the University of Allahabad, Justice Ashutosh Srivastava held that...
Earlier this month, the Allahabad High Court directed the University of Allahabad to pay a cost of Rs. 50,000 to a candidate who was otherwise eligible if the criteria had not been changed subsequent to the closure of registration forms.
In a petition filed by a candidate seeking admission in second post graduate course in the University of Allahabad, Justice Ashutosh Srivastava held that since the eligibility criteria was changed after the petitioner had already applied, he cannot be non-suited for failing to meet the changed criteria.
The Court held that since the academic session was on the verge of completion, the University could not be directed to admit the petitioner in the course. However, the Court observed that “the petitioner has suffered immensely and he has been dragged into unnecessary litigation and was compelled to approach this Court on three occasions.”
Accordingly, the Court directed the University to pay a compensation of Rs. 50,000 to the petitioner.
Factual Background
Petitioner applied for admission in M.A. Women Studies Course in Allahabad University for academic year 2022-23. An additional condition provided for entrance in the said course 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.
Petitioner had topped the OBC category with 141.1 marks. No intimation was sent to him regarding shortlisting. Since petitioner found out that candidates with lower marks than him were being selected, he filed a representation before the University. The University informed the petitioner that his candidature was found ineligible by the Admission Committee as 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.
Before the contempt court, the University submitted that for admissions in second PG course approval of Vice Chancellor, University of Allahabad is required since the norms/criteria of admission in second PG course had been altered. Eventually, petitioner was not found eligible as per the criteria for second PG Admission.
Counsel for petitioner argued that rules of the game cannot be changed after the game has begun and the petitioner could not be disqualified based on the new rules. It was submitted that the new eligibility criteria was approved much after the online applications had commenced, therefore, the same could not be enforced against the petitioner. Petitioner was eligible according to the terms and conditions specified in the brochure available on the date of his application.
Per contra, respondent-University submitted that the eligibility criteria had been incorporated in the resolution passed in the meeting of the Academic Council prior to opening of the online registration. The minutes of meeting of that Academic Council were approved later on. It was argued that since the criteria was changed prior to closing of the registrations, the University cannot be faulted for its actions.
High Court Verdict
The Court observed that the change in eligibility was approved before the closing of the registration forms and payments. However, the same was notified after the last of acceptance of registration forms and the last day was never extended.
“In such view of the matter, the University proceeded to change the rules of the 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 and is accordingly, set aside.”
Since the academic session was coming an end, the Court observed that no purpose would be served to direct the university to consider the candidature of the petitioner now.
Observing that the petitioner had suffered immensely and was dragged in unnecessary litigation, the Court directed the University to pay Rs. 50,000 as compensation to the petitioner.
Case Title: Ajay Singh v. University Of Allahabad And Another [WRIT - C No. - 17412 of 2023]