JAYANT SUD Vs. FACULTY OF LAW

JUDGEMENT

(1.) In this batch of writ petitions there is challenge in effect to the entrance test for LL.B. First Year Course of the Delhi University. The challenge is of three types in different writ petitions; (i) to the eligibility condition of having secured 50% marks in graduation for appearance in the entrance lest: (2) not reserving 5% of the total seats under sports quota and not giving relaxation/weightage in the eligibility conditions accordingly for appearance in the entrance test; and (3) prescribing same eligible condition of having secured 50% marks both for graduates and post-graduates students.

(2.) For the academic year 1991-1992 Delhi University prescribed admission test for LL.B. Three Year Course. This was for the First time that such a test was prescribed. Earlier the admission was open to students having more than 50% marks in graduation and coming in merit on basiss of their having secured number of marks. The advertisement which appeared in newspapers regarding admission test was as under :-

(3.) It so happened that since the results of the qualifying examinations to become eligible to appear in admission test were not out, writ petitions were filed and by interim orders the petitioners were allowed to take the admission test subject to their securing qualifying marks as given in the eligibility condition. The results of the admission test were out. The petitioners qualified and some of them were even higher in merit in the merit list, but then when the results of qualifying examinations were out the petitioners found themselves to be in quandry as they had secured less than 50% marks prescribed for appearing in the admission test. Some of the petitioners, as noted above, contend that since they fell under sports quota the condition of their having secured 50% marks should have been relaxed as in any other examination held by the Delhi University. The petitioners challenge the very basis of the admission test and said it served no purpose. We will note that all the petitioners fall in category (a) as mentioned in the eligibility conditions reproduced above.