Can you force the law faculty, DU to adjust general seats with vacant SC, ST seats?

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Shubham Budhiraja[1]

In this case, Ms. A filed writ petition seeking mandamus against Law faculty for reason that admission process was irregular and one question was incorrect and there are vacant seats unadjusted. The High Court refused the Writ and held that (i) even if Question was incorrect, the total marks still less than general list, (ii) seats of SC, ST can be transferred inter-se but not with General, (iii) There is no irregularity in admission process mere because administration allowed payment of fees after due-deadline.[2]

 

(I)                 In Santosh Kumari v. Union of India, (1995) 1 SCC 269 , the Court made it clear that the allotment of seats should go according to merit and cannot depend upon who comes to court and who does not. The Supreme Court cautioned against directing for further rounds of counselling merely because seats remained unfilled.

 

(II)               The seats reserved for the SC/ST shall be filled by the SC/ST candidates only. However, in the case of non-availability of the eligible candidates the reserved seats may be interchanged between the SC & ST. It still any seat remains unfilled; the same shall be left vacant.

 

(III)              The allotment of seats should go according to merit. It does not depend upon who comes to Court and who does not. The matter is one of principle and should not depend upon who comes to the court. A more deserving candidate may not have the means to approach the court

 


[1] Advocate, Delhi High Court, (LLB, CS, BCOM(H)), Shubhambudhiraja02@gmail.com

[2] Vidhi Uppal v. UOI, W.P.(C) 756/2021, Delhi High Court



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