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The Delhi High Court on Tuesday (August 18) permitted Jawahar Lal Nehru University to continue its post-graduate admissions based on "deprivation points", thereby modifying a single judge's order last week halting the admissions based on this system. 

The court however said that the admissions shall be subject to outcome of the petition pending before the single judge. 

In its order passed last week, the single judge had observed that by virtue of using such points the varsity had "altered" marks obtained by a student in Common University Entrance Test (CUET) examination thereby affecting the sanctity of an entrance exam which cannot be permitted. The single judge had in its order said that the admissions based on deprivation points shall not be finalized and no further steps will be taken on the basis of deprivation points qua the admission in respondent university until August 24. JNU had challenged this order in appeal. 

Section V of the JNU e-Prospectus implements a mechanism of awarding upto 12 'Deprivation Points', wherein one Deprivation Point is equal to 3 marks, to candidates purely based on geographical location of their prior schooling. 

A division bench of Chief Justice DK Upadhyay and Justice Tejas Karia in its order dictated:

"Having heard the counsel for parties, and also taking into consideration that practice of awarding deprivation points has been in vogue since 1974 and as a consequence of impugned order the entire admission process has been put to halt, we modify the order and provide that any admission made by university shall be subject to outcome of WP. Accordingly the university shall carry on with the admission process as per the provisions of E-prospectus including provisions under challenge before single judge, however any admissions hence made will be subject to outcome of writ petition. We also request the single judge to expedite the proceedings of WP and to conclude the same as early as possible"

The candidate had before the single judge challenged Section V of E-prospectus for academic sessions 2026-27 issued by appellant university in so far as it relates to award of deprivation points.

The division bench noted that the E-prospectus was issued on April 3, 2026. The admission process for the academic session 2026-2027 started in May 2026 and first round of counselling ended on June 25. Even classes of the students admitted on earlier round of counselling have started with effect from July 30, 2026 so far as admission to PG courses is considered. 

The court noted that the respondent no.1 is an aspirant who is seeking admission in PG course. He instituted writ petition on July 1. Whereafter the matter came up for first time before single judge on August 14. 

JNU argued that that the system of awarding deprivation points is in vogue since 1974 as amended from time to time and approved by the varsity's academic council. It has also been stated that some of the admissions based on process conducted by the university have already taken place and classes have started. In case the respondent 1-candidate was aggrieved by the section V e-prospectus he ought to have filed the WP well within time, JNU said. 

JNU also submitted that as a result of impugned order the entire admission process in university has put to a halt. The candidate meanwhile submitted that he has been representing himself before the university authorities and as a result of this system of deprivation points the marks obtained by candidates in CUET have almost been rendered nugatory. 

During the hearing the court orally asked the candidate's counsel, "Unless and until there is something prima facie fault is found with providing deprivation points...you have to establish a prima facie case against section V of e-prospectus...Is there any finding given by single judge that prima facie how system of granting admissions on deprivation points is wrong?"

JNU's counsel said that respondent's locus was not shown in the petition. The court orally asked the candidate if he was seeking admission to which the counsel said that he was however, admit card had not been included in the writ petition and it will be filed. 

"You will file admit card after getting interim order? Without disclosing Locus? At the time of filing WP you have to state how you are aggrieved...We will modify this order. There are three aspects which need to be reflected in pleadings and order granting interim relief...merely because some harm is going to be caused to you can't be ground for interim relief unless you show some prima facie case...Is there any finding on how grant of admission on deprivation points is wrong prima facie?," the court orally said. 

Candidate's counsel said that objective of CUET is to have transparent examination process and this system was affecting students to which court orally said, "All of this has to be considered. You should have challenged the provision prior in time". 

The court thereafter orally said that it will expedite the proceedings of the writ petition and modify the interim order. 

The appeal was disposed of. 

Case title: JAWAHARLAL NEHRU UNIVERSITY V/s AMIT MEHRA & ANR.

LPA-645/2026

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