As per case facts, the petitioner, a meritorious Scheduled Tribe student who qualified UGC NET-JRF in Economics, challenged the University of Rajasthan's Ph.D. admission merit list. The University allegedly clubbed ...
[2026:RJ-JP:42065]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 15973/2026
CNR: RJHC020800092026 | URN: CW / 33980U / 2026
Yash Chandra S/o Shri Chandra Prakash Meena, Aged About 25
Years, Resident Of C-34 Bal Nagar, Kartarpura, Jaipur.
----Petitioner
Versus
1. State Of Rajasthan, Through The Principal Secretary,
Department Of Higher Education, Government Of
Rajasthan, Secretariat, Jaipur-302005
2. University Of Rajasthan, A Statutory University
Established Under The Rajasthan University Act, 1946,
Through Its Registrar, Having Its Office At University Of
Rajasthan Campus, Jln Marg, Jaipur-302004, Rajasthan
3. University Grants Commission, A Statutory Body
Constituted Under The University Grants Commission Act,
1956, Through Its Secretary, Having Its Office At Bahadur
Shah Zafar Marg, New Delhi-110002
4. National Testing Agency, Through Its Director General,
Block-C, 3Rd Floor, Institutional Area, Adjacent Iit Delhi,
New Delhi-110016, Being The Agency Conducting The
Ugc-Net Examination.
----Respondents
Connected With
S.B. Civil Writ Petition No. 15786/2026
CNR: RJHC020794002026 | URN: CW / 33637U / 2026
1. Ajay Yadav S/o Shri Rajendra Prasad Yadav, Aged About
27 Years, Resident Of Vpo Manksi, Tehsil Neema Ka
Thana, District Sikar-332711
2. Pradeep Kumar S/o Shri Mangtu Ram, Aged About 32
Years, Resident Of Post Deswala, Via. Nua, Khidasar,
(Peva Ki Dhani), Jhunjhunu-333001
----Petitioners
Versus
1. University Of Rajasthan, Through Registrar, Jln Marg
Jaipur
[2026:RJ-JP:42065] (2 of 20) [CW-15973/2026]
2. Department Of Law University Of Rajasthan, Through
Head Of The Department, Jaipur-302004
----Respondents
For Petitioner(s) : Dr. Rudranshu Singh, Amicus Curiae
Mr. Darsh Pareek
Mr. Tanveer Ahmed with
Ms. Akshita Sharma
For Respondent(s) : Mr. Vishnu Kant Sharma
HON'BLE MR. JUSTICE SAMEER JAIN
Judgment
1Arguments concluded on 13/10/2026
2Judgment Reserved on 13/10/2026
3Full Judgment or Operative Part Pronounced Full Judgment
4Pronounced on 30/10/2026
1.In view of the intertwined nature of the controversy involved,
coupled with the identical factual matrix emerging in the present
matters, and with the consent of the learned counsel representing
the respective sides, owing to the congruence of issues and for the
sake of expedient adjudication, the instant petitions are decided
by this common adjudicatory judgment, the ratio decidendi
whereof shall operate mutatis mutandis upon all related pleadings.
For the purposes of factual clarity and narrative convenience, the
averments articulated in SBCWP No. 15973/2026 are adopted by
this Court as the primary factual matrix for the disposal of the
instant lis.
BRIEF FACTS OF THE CASE :
2.The present writ petition has been filed by the petitioner, a
meritorious student belonging to the Scheduled Tribe (ST)
category, who has successfully qualified the UGC NET examination
[2026:RJ-JP:42065] (3 of 20) [CW-15973/2026]
in the subject of Economics and has been declared eligible for the
award of Junior Research Fellowship (hereinafter referred to as
“JRF”). The petitioner is aggrieved by the first merit list dated
10.08.2026 issued by respondent No. 1, University of Rajasthan,
for admission to its Ph.D. programme for the academic session
2025–2026 under the Rajasthan University Ph.D. Admission
Examination Scheme (hereinafter referred to as “RUPA”).
3.The preliminary alleged contention of the petitioner is that
the impugned merit list has been prepared in flagrant violation of
the University Grants Commission (Minimum Standards and
Procedure for Award of Ph.D. Degree) Regulations, 2022
(hereinafter referred to as “the Regulations of 2022”), and the
RUPA 2025 Information Bulletin, read with the corrigendum issued
thereto. It is averred that respondent No. 1 has clubbed together
candidates falling under Category 1, comprising JRF-qualified
candidates; Category 2, comprising NET-qualified candidates
eligible for appointment as Assistant Professors; and Category 3,
comprising candidates qualified in NET for Ph.D. admission only,
into a single common merit list, without adhering to the distinct
criteria applicable to the respective categories; despite the fact
that under the applicable provisions, candidates falling under
Categories 2 and 3 are required to be evaluated on the basis of a
combined weightage of 70% for the NET score and 30% for the
interview. However, respondent No. 1 has arbitrarily and without
any authority of law evaluated all candidates, including those
falling under Category 1, such as the petitioner, solely on the basis
of the marks obtained in the interview, thereby completely
[2026:RJ-JP:42065] (4 of 20) [CW-15973/2026]
disregarding the petitioner's NET/JRF score. It is, thus, alleged
that the merit of the petitioner and other similarly situated JRF-
qualified candidates, who otherwise possessed demonstrably
superior overall merit, has been ignored in the preparation of the
impugned merit list.
SUBMISSIONS ADVANCED BY THE LEARNED COUNSEL
APPEARING ON BEHALF OF THE PETITIONER :
4.At the outset, it was submitted by the learned counsel for
the petitioner that the Regulations of 2022 were notified on
07.11.2022 by the respondent number 3 and the same is binding
on all the universities including respondent number 2 i.e.
University of Rajasthan. It was submitted that Regulation 5 of the
said Regulations categorically prescribes the procedure for
admission to the PhD program. It was further submitted that on
13.03.2024 the UGC in its 578th meeting on the recommendation
of an expert committee decided that from the academic session
2024-2025 the NET score can be used for admission to PhD
programs in place of entrance test conducted by the individual
universities. Consequently on 27.03.2024 the UGC issued a public
notice classifying NET qualified candidates into three categories:
Category 1 comprising of JRF and assistant professors, Category 2
assistant professor and PhD admission only, and Category 3 PhD
admission only. It was contended that the JRF qualified, i.e.
Category number 1 candidates are to be admitted on the basis of
interview, while Category 2 and 3 candidates are to be admitted
on the combined merit comprising of 70% of the NET score and
30% of the interview.
[2026:RJ-JP:42065] (5 of 20) [CW-15973/2026]
5.It was further submitted that respondent No. 2, University of
Rajasthan, issued an advertisement inviting applications for
admission to its Ph.D. programme for the academic session 2025–
2026, along with the requisite Information Bulletin. Thereafter, a
corrigendum was issued, whereby Clause 6 of Section A of the
Information Bulletin was substituted to provide that candidates
seeking admission under the JRF category must possess a valid
JRF award for the period specified in the NET certificate. It was
submitted that the petitioner, having obtained the requisite
certificate, applied for admission under the RUPA Scheme, 2025,
on 28.07.2026 in the JRF category. The petitioner appeared for
the interview conducted by the Department of Economics of
respondent No. 2. Subsequently, on 10.08.2026, the Department
of Economics issued the first merit list for admission to the Ph.D.
programme. However, to the shock and dismay of the petitioner,
his candidature was rejected on the ground that he had failed to
secure the prescribed qualifying marks in the interview. It was
contended that candidates belonging to Categories 1, 2 and 3
were placed in a single common merit list, and their merit was
determined solely on the basis of the marks obtained in the
interview, in clear violation of the guidelines issued by the UGC.
6.It was further submitted that on 11.08.2026, i.e., the very
next day after publication of the first merit list, the petitioner
submitted a representation by way of email to the Vice-Chancellor
of the University of Rajasthan, bringing the aforesaid
discrepancies to the University's attention. However, no action was
taken on the said representation. Learned counsel for the
[2026:RJ-JP:42065] (6 of 20) [CW-15973/2026]
petitioner further submitted that as per the revised schedule for
Ph.D. admissions, the last date for depositing the admission fee by
demand draft by provisionally admitted candidates was
14.08.2026. In view of the imminent deadline and the grievance
raised by the petitioner, the present writ petition came to be filed,
and by an interim order dated 14.08.2026, this Court granted
provisional admission to the petitioner to the Ph.D. programme in
Economics under the JRF category.
7.Learned counsel for the petitioner stoutly submitted that the
petitioner had a legitimate expectation of being duly considered
for admission to the Ph.D. programme in accordance with the
applicable rules and guidelines, having qualified the UGC NET-JRF
examination and thereafter applied for admission and appeared in
the interview in conformity with the guidelines. It was contended
that the petitioner possessed demonstrably superior merit as
compared to the candidates whose names find place in the
impugned merit list and, therefore, had a legitimate expectation of
being selected in accordance with the prescribed admission
criteria. However, owing to the alleged misinterpretation and
erroneous application of the applicable rules and regulations,
culminating in the preparation of the impugned merit list, the
petitioner was denied admission despite his superior merit. It was
further contended that the admission criteria prescribed under the
RUPA 2025 Information Bulletin, as adopted by the University of
Rajasthan, are inconsistent with the public notice dated
27.03.2024 issued by the UGC, particularly with regard to the
methodology prescribed for the evaluation and selection of
[2026:RJ-JP:42065] (7 of 20) [CW-15973/2026]
candidates belonging to the three distinct NET categories. In this
regard, learned counsel for the petitioner advanced the following
submissions:
7.1 That under the UGC public notice dated 27.03.2024,
candidates falling under Categories 2 and 3 are required to be
assessed on the basis of a combined weightage of 70% for the
NET score and 30% for the interview. However, under the RUPA
2025 guidelines, only twice the number of candidates
corresponding to the available seats are called for the interview,
with such candidates being shortlisted solely on the basis of their
NET percentile. Therefore, the NET percentile operates as a
decisive screening criterion even before the prescribed 30%
weightage for the interview is applied, thereby raising concerns
regarding the manner in which the University's admission
procedure gives effect to the evaluation methodology stipulated by
the UGC.
7.2 That under the UGC framework, candidates qualified for
JRF, falling under Category 1, are to be considered for admission
on the basis of their performance in the interview. However,
Clause B(2) of the RUPA 2025 guidelines provides for calling
candidates for the interview on the basis of their percentile,
whereas Clause B(1) provides that admission is to be determined
on the basis of the test score obtained in the interview. It was
contended that these provisions, when read together with Clause
B(5)(i), which stipulates that candidates belonging to Category 1
are to be evaluated on the basis of the interview alone, give rise
to an apparent inconsistency within the University's own
[2026:RJ-JP:42065] (8 of 20) [CW-15973/2026]
admission framework. Thus, such inconsistency exposes JRF-
qualified candidates to a percentile-based cut-off, notwithstanding
that the methodology prescribed for their category under the UGC
public notice does not contemplate such an additional criterion for
determining their merit.
7.3 That the method prescribed under the RUPA 2025
guidelines for declaring and utilising the NET result for admission
is ambiguous. Learned counsel contended that the NET result is
required to be declared in terms of both marks and percentile so
that the relevant score may be utilised for the purpose of
admission. However, while the UGC framework prescribes a
weightage of 70% for the NET score and 30% for the interview in
the case of Categories 2 and 3, Clause B(5) of the RUPA 2025
guidelines refers to the score/percentile without clearly specifying
which of the two parameters is to be adopted for the purpose of
determining the final merit. Therefore, the guidelines do not
clearly prescribe the manner in which the NET score is to be
converted or accorded the stipulated weightage, nor do they
specify the method by which the marks obtained out of 100 in the
interview are to be scaled to correspond to the prescribed 30%
weightage. In the absence of a clear and unambiguous formula
governing such evaluation, the methodology adopted by the
University is alleged to be vague and uncertain, leaving the
process of preparation of the final merit list susceptible to
inconsistent interpretation.
8.Fourthly, it was contended that the respondents have not
prescribed any clear provision regarding the allocation or
[2026:RJ-JP:42065] (9 of 20) [CW-15973/2026]
distribution of seats among the three categories, nor have they
specified any inter se priority or preference to be accorded to
candidates belonging to the respective categories. Learned
counsel submitted that the NET score and the interview score
constitute distinct evaluation parameters and are not directly
comparable unless an appropriate and uniform methodology is
prescribed for their assessment. In the absence of clear rules
governing the comparative evaluation of candidates belonging to
different categories, the placement of all such candidates in a
common merit list, without adhering to the distinct selection
criteria applicable to each category, is arbitrary and contrary to
the framework contemplated by the UGC.
9.Learned counsel for the petitioner clarified that the petitioner
has not called into question the validity of the UGC scheme or the
relevant University ordinances. Rather, the grievance of the
petitioner is confined to the alleged failure of the respondents to
implement and enforce the applicable provisions in their true letter
and spirit. It is submitted that the UGC, by its public notice dated
27.03.2024, has expressly classified NET-qualified candidates into
three distinct categories and prescribed different admission
methodologies in recognition of the distinctions between the
qualifications and eligibility criteria applicable to such candidates.
Hence, the said classification and the corresponding evaluation
criteria have been consciously formulated by the UGC for valid
reasons and are required to be given effect to by the University
without amalgamating the distinct categories or disregarding the
methodology applicable to each of them. In support of the
[2026:RJ-JP:42065] (10 of 20) [CW-15973/2026]
submissions made insofar, learned counsel had placed reliance
upon a catena of judgments, inter alia, Dr. S. Mohan vs. The
Secretary to the Chancellor, Puducherry Technological University &
Ors.: 2026 INSC 100; Krishna Rai (Dead) Through Lrs & Ors. Vs.
Banaras Hindu University Through Registrar & Ors.: (2022) 8 SCC
713; Parmender Kumar & Ors. Vs. State of Haryana & Ors. :
(2012) 1 SCC 177; Visvesaraya Technological University & Anr.
Vs. Krishnendu Halder & Ors.: (2011) 4 SC 606; Professor Dr.
Sreejith PS Vs. Dr. Rajasee MS & Ors.: 2022 INSC 1137;
Annamalai University Vs. Secretary to Government, Information &
Tourism Dept. & Ors.: (2009) 4 SCC 590; Mandeep Singh Vs.
State of Punjab & Ors.: 2025 INSC 834; Divyot Sekhon Vs. State
of Punjab & Ors.: 2026 INSC 26; Tej Prakash Pathak & Ors. Vs.
Rajasthan High Court: (2025) 2 SCC 1; K. Manjusree Vs. State of
Andhra Pradesh & Anr.: (2008) 3 SCC 512.
10.On the aforesaid grounds, and the judgments as relied upon,
learned counsel for the petitioner submitted that the impugned
merit list has been prepared by adopting an allegedly inconsistent
and legally impermissible method of evaluation, thereby defeating
the prescribed admission framework and prejudicing the
petitioner's claim for admission despite his qualification under the
JRF category. Thus, appropriate directions are warranted to ensure
that the petitioner's candidature is considered in accordance with
the applicable UGC Regulations, the public notice dated
27.03.2024 and the relevant provisions of the RUPA 2025
guidelines.
[2026:RJ-JP:42065] (11 of 20) [CW-15973/2026]
SUBMISSIONS ADVANCED BY THE LEARNED COUNSEL
APPEARING ON BEHALF OF THE RESPONDENTS :
11.Per contra, learned counsel for the respondents submitted
that the petitioner had been called for an interview on 28.07.2026
in accordance with the Ph.D. admission schedule uploaded by the
Head of the Department of Economics. It was contended that,
upon completion of the selection process, the merit list had been
prepared strictly in accordance with the criteria prescribed under
Rule 5.4 of Ordinance 124 governing admissions to the Ph.D.
programme. The respondents maintained the selection process
and the same had been conducted in accordance with the
applicable rules and the prescribed procedure, and that no
illegality or irregularity could be attributed to the preparation of
the impugned merit list.
12.Learned counsel for the respondents further submitted that
no separate quota or reservation of seats had been prescribed for
candidates falling under Categories 1, 2 and 3, respectively. It was
contended that the seats had been allocated discipline-wise and
that the relevant seat matrix had been published by the University
in advance. Accordingly, the admission process had been
undertaken on the basis of the available seats in the respective
disciplines and the selection criteria prescribed by the University,
without any separate category-wise allocation of seats for the
aforesaid categories of NET-qualified candidates. It was further
contended that the petitioner had not challenged the validity of
the basic Regulations governing the admission process and,
therefore, could not seek to question the selection procedure
[2026:RJ-JP:42065] (12 of 20) [CW-15973/2026]
adopted by the University while leaving the underlying regulatory
framework unchallenged. Thus, the present writ petition is not
maintainable.
13.Learned counsel for the respondents also submitted that the
petitioner had voluntarily participated in the selection process,
appeared for the interview and subjected himself to the procedure
prescribed by the University. Having participated in the process,
the petitioner could not subsequently challenge its validity merely
because he had not been selected. It was contended that an
unsuccessful candidate could not, solely on account of an
unfavourable outcome, seek to invalidate the entire selection
process in the absence of any demonstrable illegality or violation
of the applicable rules. Lastly, it was submitted that the petitioner
had no vested right to seek a change in the mode or methodology
of selection adopted by the University. Learned counsel contended
that the determination of the admission procedure, the
formulation of the selection criteria and the manner in which
candidates were to be evaluated fell within the domain of the
University, subject to the governing statutory and regulatory
framework. It was argued that the petitioner could not insist upon
the adoption of a particular mode of selection merely because it
might have resulted in a more favourable outcome for him. In
support of the submissions made, learned counsel had relied upon
the ratio encapsulated in Edulanti Kistamma (Dead) thr. LRs.
And ors. v. S. Venkatareddy (Dead) thr. LRs. And ors. : AIR
2010 SC 313, Ramesh Chandra Shah and ors. v. Anil Joshi :
(2013) 11 SCC 309 and Taniya Malik V. The Registrar
[2026:RJ-JP:42065] (13 of 20) [CW-15973/2026]
General of the High Court of Delhi : 2018 INSC 168.
Accordingly, the respondents sought dismissal of the writ petition,
contending that the selection process had been conducted in
accordance with the prescribed procedure and that no interference
by this Court was warranted.
DISCUSSION AND FINDINGS :
14.Upon consideration of the submissions advanced by learned
counsel for the parties, the material available on record and the
applicable statutory and regulatory framework, this Court finds
that the controversy arising in the present petition lies within a
narrow compass, namely, whether the University of Rajasthan was
justified in preparing a common merit list for candidates falling
under Categories 1, 2 and 3 of the UGC NET classification and
determining their merit solely on the basis of interview marks,
without giving effect to the distinct admission methodology
applicable to the respective categories.
15.At the outset, this Court places on record its appreciation for
the valuable assistance rendered by learned Amicus Curiae –
Dr. Rudranshu Singh, whose erudite submissions and able
assistance have greatly facilitated the Court in adjudicating the
issues involved in the present matter. The Court acknowledges the
diligent efforts undertaken by learned Amicus Curiae in elucidating
the relevant statutory provisions and the applicable legal
principles, thereby assisting the Court in arriving at an informed
and considered determination. The Court expresses its gratitude
to learned Amicus Curiae for the assistance rendered.
[2026:RJ-JP:42065] (14 of 20) [CW-15973/2026]
16.Qua the merits/demerits of the case, it is necessary to
observe that the autonomy enjoyed by a university in academic
matters is not absolute or unfettered. Such autonomy must be
exercised within the bounds of the governing statutory provisions
and binding regulations framed by the competent authority. The
University Grants Commission (Minimum Standards and Procedure
for Award of Ph.D. Degree) Regulations, 2022, and the subsequent
public notice dated 27.03.2024, therefore, assume significance in
determining the legality of the admission procedure adopted by
the respondents.
17.In the ratio encapsulated in Annamalai University v.
Secretary to Government, Information and Tourism
Department : (2009) 4 SCC 590, the Hon'ble Supreme Court
emphasised the binding character of the UGC framework and held,
in substance, that mandatory requirements prescribed under the
governing regulatory legislation could not be disregarded or
rendered ineffective by action taken under another statutory
framework. The aforesaid judgment reinforces the principle that
institutional autonomy cannot be exercised in derogation of
binding regulatory requirements.
18.Applying the aforesaid principles to the facts of the present
case, this Court finds that the UGC public notice dated 27.03.2024
classified NET-qualified candidates into three distinct categories,
namely, Category 1, comprising candidates qualified for JRF and
appointment as Assistant Professor; Category 2, comprising
candidates qualified for appointment as Assistant Professor and
admission to Ph.D. programmes; and Category 3, comprising
[2026:RJ-JP:42065] (15 of 20) [CW-15973/2026]
candidates qualified for admission to Ph.D. programmes only.
According to the petitioner's case, the said notice contemplated
different admission methodologies for these categories, with
Category 1 candidates being assessed on the basis of interview
performance and Category 2 and Category 3 candidates being
evaluated on the basis of a combined weightage of 70% for the
NET score and 30% for the interview. For the sake of handiness
the relevant extract from the public notice dated 27.03.2026 is
reproduced hereinbelow:
“The determination of the eligibility of NET for different
categories is summarised below:
Qualified for Eligible for
JRF Assistant
Professor
PHD Admission
Category-1:
Award of JRF and
appointment as Assistant
Yes Yes Yes
Category-2: Appointment
as Assistant Professor and
admission to PHD
No Yes Yes
Category-3:
Admission to PHD only
No No Yes
The result of NET will be declared in percentile along
with the marks obtained by a candidate to utilise the
marks for admission to PhD.
The JRF-qualified students are admitted into the PhD
programme based on an interview as per the University
Grants Commission (Minimum Standards and
Procedures for PhD Degree) Regulations, 2022.
For students who qualify in Categories 2 and 3, 70%
weightage will be given for test scores and 30%
weightage for the interview for admission to PhD
programmes. The PhD admission will be based on the
[2026:RJ-JP:42065] (16 of 20) [CW-15973/2026]
combined merit of NET marks and the marks obtained
in the Interview/viva voce.”
19.The distinction between these categories cannot be treated
as merely descriptive or incidental. Where a competent regulatory
authority has prescribed distinct categories accompanied by
different evaluation methodologies, the authority entrusted with
implementing the admission process is required to give due effect
to such distinction. The expression generalia specialibus non
derogant, which signifies that a general provision does not
ordinarily override a special provision dealing with a specific
subject, may appropriately guide the interpretation of the
University's general admission provisions vis-a-vis the category-
specific requirements, provided that the latter are found to be
applicable and binding in the circumstances of the case.
20.Consequently, the absence of a separate category-wise quota
or allocation of seats, as contended by the respondents, does not,
by itself, resolve the controversy. The allocation of seats and the
determination of merit are distinct aspects of the admission
process. A common pool of seats may exist without necessarily
requiring candidates belonging to different eligibility categories to
be evaluated through an identical methodology, where the
governing framework prescribes otherwise. The respondents were
therefore required to demonstrate that the procedure adopted
under Rule 5(iv) of Information Bulletin and 5.4 of the Ordinance
124 (Annexure 7) was consistent with the applicable UGC
requirements and did not nullify the distinction recognised by the
[2026:RJ-JP:42065] (17 of 20) [CW-15973/2026]
UGC. For the sake of handiness the relevant extract from the
Information Bulletin is reproduced hereinbelow:
“5. The final merit list shall be prepared by the
respective department based on the following criteria:
(i) to (iii) xxx xxx xxx
(iv) The Interview Score shall be 100 marks, and the
Scheme of the interview shall be as provided under
Table 1 of Clause 5.2.
Qualification For Marks Obtained (in
NET or Equivalent
National Test)
Interview Total
Score
Category – I
Candidates who
qualify for similar
National level tests
fellowship/scholarship
in UGC-NET /UGC-
CSIR NET/GATE/CEED
and and similar
National level tests
Not applicable 100%
weightage to
Interview
Score
100
Category-II
Candidates who are
eligible for (I)
admission to PhD
without JRF and (ii)
appointment as
Assistant Professor.
70% weightage of
score/percentile
obtained in the UGC-
NET/UGC-CSIRNET
/GATE CEED and
similar National level
tests
30%
weightage to
Interview
Score
100
Category-IIII
Candidates are eligible
for
admission to the PhD
Programme only, and
not for the award of
JRF or appointment as
Assistant Professor
70% weightage of
score/percentile
obtained in the UGC-
NET/UGC-CSIRNET
/GATE CEED and
similar National level
tests
30%
weightage to
Interview
Score
100
21.This Court is also conscious of the settled principle that
judicial interference in academic matters must be exercised with
due restraint. Nevertheless, such restraint cannot be construed as
an exemption from compliance with statutory or regulatory
requirements. The issue before this Court is not whether the
[2026:RJ-JP:42065] (18 of 20) [CW-15973/2026]
University's academic assessment ought to be substituted by the
Court's own assessment, but whether the selection procedure
adopted by the University conformed to the applicable regulatory
framework. The distinction is material; judicial review does not
ordinarily extend to re-evaluating academic merit, but it does
extend to examining whether the authority concerned acted within
the limits of its legal powers and applied the prescribed criteria
uniformly and lawfully.
22.The respondents' contention that the petitioner had
participated in the selection process and could not subsequently
challenge it merely because he remained unsuccessful also
requires consideration in this context. However, the aforesaid
principle cannot be applied mechanically without examining the
nature of the challenge raised. In the present case, the petitioner
has not sought to invalidate the UGC Regulations or the
University's Ordinance on the ground that the prescribed criteria
are inherently unreasonable. Rather, his grievance is that the
respondents failed to implement the applicable regulatory
framework in the manner contemplated therein. The petitioner
had participated in the interview and, immediately upon
publication of the merit list dated 10.08.2026, submitted a
representation by email to the Vice-Chancellor on 11.08.2026. The
present challenge, therefore, is directed against the legality of the
implementation of the admission criteria and not merely against
an unfavourable assessment of the petitioner's interview
performance.
[2026:RJ-JP:42065] (19 of 20) [CW-15973/2026]
23.Accordingly, the principle of waiver or acquiescence cannot,
by itself, foreclose judicial examination of an allegation that an
admission authority has acted contrary to binding regulatory
provisions. Participation in a selection process does not confer
upon an authority the power to disregard mandatory legal
requirements, nor does it necessarily validate an otherwise
unlawful procedure.
24.This Court further finds that the petitioner's claim cannot be
rejected merely on the ground that he possesses no vested right
to admission. It is undoubtedly true that qualification in the UGC
NET-JRF examination does not, by itself, confer an automatic or
indefeasible right to secure admission to a Ph.D. programme. The
petitioner nevertheless possesses the right to have his candidature
considered in accordance with the eligibility conditions and
evaluation methodology lawfully applicable to his category. The
distinction is between claiming an unconditional right to admission
and claiming a lawful and fair consideration for admission. The
latter claim is amenable to judicial scrutiny where non-compliance
with binding rules is established.
25.In view of the foregoing discussion, this Court is of the
considered opinion that the impugned merit list cannot be
sustained if, as alleged and borne out by the applicable provisions,
the respondents have placed candidates belonging to all three
categories in a common merit list and evaluated them exclusively
on the basis of interview marks, without adhering to the distinct
admission methodology prescribed for the respective categories.
The respondents' reliance upon the absence of a category-wise
[2026:RJ-JP:42065] (20 of 20) [CW-15973/2026]
quota and upon the petitioner's participation in the selection
process does not, in itself, answer the central question concerning
compliance with the governing regulatory framework.
26.Consequently, the writ petitions are allowed. The impugned
merit list dated 10.08.2026 is hereby quashed and set aside
insofar as it affects the petitioner's candidature. The respondents
are directed to reconsider the petitioner's candidature for
admission to the Ph.D. programme in Economics under the JRF
category in accordance with the applicable UGC Regulations, the
public notice dated 27.03.2024, and the RUPA 2025 Information
Bulletin, read with the corrigendum issued thereto.
27.The respondents shall undertake the requisite exercise by
applying the evaluation methodology legally applicable to the
petitioner's category. In undertaking such exercise, the
respondents shall also ensure that the applicable criteria are
interpreted consistently with the governing regulatory framework.
28.The provisional admission granted to the petitioner pursuant
to the interim order dated 14.08.2026 shall abide by the outcome
of the aforesaid exercise and the consequential decision taken by
the respondents in accordance with law.
29.No orders are passed as to costs. Pending applications, if
any, shall stand disposed.
30.A copy of the present judgment be separately placed in the
connected petition.
(SAMEER JAIN),J
Preeti Asopa
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