Delhi High Court dismisses plea against DU’s seat allocation policy for CUET 2022

The high court was hearing a plea by two candidates who after qualifying CUET, applied for CSAS, wherein they were required to give their college and course preference and entitled to choose and select a number of such preferences. Dismissing a plea filed by students challenging the constitutionality of Delhi University’s Common Seat Allocation System 2022 (CSAS) for admissions in various undergraduate courses through Common University Entrance Test (CUET), 2022 , Delhi High Court recently held CSAS is neither arbitrary nor unreasonable. A single-judge bench of Justice Vibhu Bakhru in its December 26 order held, “The said challenge is unsubstantial. There is no plausible reason to hold that CSAS is arbitrary, unreasonable and falls foul of Article 14 or Article 21 of the Constitution of India. It is also trite law that the courts cannot interfere with policy matters unless it is found that the said policy offends any of the constitutional guarantees. This court is not persuaded to accept that the petitioners have any right to insist on the change of their seats or to participate in fresh rounds for the reallocation of the seats. In view of the above, the present petition is liable to be dismissed.” The high court was hearing a plea by two candidates who after qualifying CUET, applied for CSAS, wherein they were required to give their college and course preference and entitled to choose and select a number of such preferences. As per the facts, the candidates also had the option to change their preference between October 14 and October 16. Both candidates, as they had secured high marks in CUET, were allocated seats as per their respective first preference. According to their first preference, both candidates “accepted their admission” with St Stephens College wherein one of them took admission in BA programme while the other took admission in BA (Hons) English. The candidates later felt that their “first preference was incorrect” and sought to alter to the same which was declined by DU. The candidates argued that “their grievance can be addressed by interchanging the seats allocated to them”. The DU referred to the Common Seat Allocation System 2022 and drew the court’s attention to chapter seven, which states that candidates who are allocated their first preference in any round will not be considered in subsequent rounds of allocation. Considering the policy, the high court held, “It is apparent from the above that the fundamental premise on which the present petition is based – that is, a candidate, who has secured admission in a course and college of his/her first preference, is entitled to participate in the further rounds for allocation of seats, notwithstanding such admission – is contrary to the CSAS.” The court said that those students who had secured the admission as per their first preference would have no scope for further ‘upgradation’ and held that the change of seats sought by the candidates is not “permissible”. The court, however, said that if the rights of other students were not adversely affected, Delhi University and St Stephen’s College should consider the request made by the candidates. The court said although it finds no ground to interfere with the CSAS, however “considering that no prejudice would have been caused to any of the students, this court considers it apposite to direct the respondents to consider this as a one-off case”. The court further clarified if the requests of the candidates are entertained, it would not constitute a precedent. 

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