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Delhi High Court
Salman Saleem vs Union Of India & Ors on 13 April, 2026
Author: Jasmeet Singh
Bench: Jasmeet Singh
$~89
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: 13.04.2026
+ W.P.(C) 1325/2026
SALMAN SALEEM .....Petitioner
Through: Mr. Kaif Hasan, Mr. Mohammad
Waseem, Mr. Vaibhav Pachauri, Mr.
Firdouse, Advs.
versus
UNION OF INDIA & ORS. .....Respondents
Through: Mr. Syed Abdul Haseeb, CGSC with
Mr. Muhammad Aamir Khan, Mr.
Syed Abdur Rahman, Advs. for UOI
Ms. Aishwarya Srivastava, Adv. for
R-5/NTA
Mr. Pritish Sabharwal, SC for JMI
CORAM:
HON'BLE MR. JUSTICE JASMEET SINGH
: JASMEET SINGH, J (ORAL)
1. This is an application filed under Section 151 of CPC, 1908 seeking
early hearing of the main petition.
2. For the reasons stated in the application, the present application is
allowed, and the main petition shall be taken up for hearing today.
3. The present application has been disposed of in aforesaid terms.
W.P.(C) 1325/2026
4. In view of the above, the matter has been taken up for hearing today.
5. This is a writ petition filed under Article 226 of the Constitution of
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India seeking the following prayers: -
"A. Issue a writ of Certiorari or any other appropriate writ,
order or direction, quashing and setting aside the illegal
and arbitrary action/decision of the respondent university
denying admission to the petitioner to the Ph.D. Programme
(Academic) 2025-26 in Anwar Jamal Kidwai-Mass
Communication Research Centre (AJK-MCRC) under the
Exempted Category, after having provisionally selected him
and declared him successful in the final selection list dated
19.12.2025.
B. Issue a writ of Mandamus directing the respondents to
treat the date of issuance of Ph.D. Admission Notification
dated 16.10.2025 as the relevant date for determining the
validity of UGC-NET Certificate/Scorecard, in absence of
any prescribed cut-off date under the Ph.D. Ordinance or
UGC Regulations., And/or
C. Issue a writ, order or direction in nature of certiorari
quashing the Selected Admission List dated 19.12.2025 and
further issue a writ, order or direction in the nature of
mandamus directing the Respondents to issue/prepare a
fresh list of admission following the reservation policy as
per the Ordinance 6 (VI) and the revised Ph.D. Ordinance
dated 17.10.2025 , And/or
D. Issue a writ, order or direction in nature of certiorari
quashing the notice dated 20.12.2025 (ANNEXURE-A2)
issue by the Controller of Examinations calling
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provisionally selected candidates for verification and
admission, and further issue a writ, order or direction in the
nature of mandamus directing the Respondents to
issue/prepare a fresh list of admission and notification for
admission following the reservation policy as per the
Ordinance 6 (VI) and the revised Ph.D. Ordinance dated
17.10.2025, And/or
E. Issue a writ, order or direction in nature of mandamus
directing the Respondents to specify the seats in the
admission to the course of Ph.D. program of AJK-MCRC
(Session 2025-26) under different categories of reservation
as per the Ordinance 6 (VI) , And/or
F. Issue a writ, order or direction in nature of mandamus
directing the Respondents to strictly and religiously follow
the reservation policy as per the Ordinance 6 (VI) in all its
future admissions in all its future admissions, And/or
G. Issue a writ of Mandamus directing the respondents not
to deny or withdraw admission from the petitioner on
grounds arising solely out of administrative delay
attributable to the respondent university, after having
verified the petitioner at multiple stages and offered
admission, And/or..."
6. The case of the petitioner is that the petitioner qualified UGC-NET
(June-2024), which made the petitioner eligible for Assistant
Professor and Admission to Ph.D. vide result dated 17.10.2024. The
respondent No. 5 i.e., National Testing Agency ("NTA") issued
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Certificate of Eligibility ("Certificate of Eligibility ") to the petitioner,
as per which Validity of the admission certificate to Ph.D. was one
year from date of result i.e., one year from 17.10.2024.
7. Subsequently, the respondent No. 2 issued the notification for Ph.D.
Admission 2025-26 vide notification dated 16.10.2025.The petitioner
submitted Application form for Ph.D. in AJK Mass Communications
& Research Centre under Exemption Category with exemption
qualification of UGC-NET II & Muslim Reservation category.
8. The petitioner was issued Admit Card by respondent No.3 for Ph.D.
Entrance Test (2025-26) under "Exempted Category". Respondent
Nos. 2 and 3 issued a List of Selected Candidates called for Interview
vide notice dated 26.11.2025 and the petitioner was also in the said
list at serial No. 20 under Exempted Category.
9. Subsequently, the respondent No. 4 issued Schedule for Interview
vide notice dated 09.12.2025, which has petitioner's name at Serial
No. 21 under "Exempted Category". The result of interview was
declared on 19.12.2025 and the petitioner qualified the interview and
was selected for admission.
10. However, later the petitioner was denied admission. Hence, the
present petition.
11. In the present case, certain documents are relevant and the same need
to be seen and reproduced.
12. First, is Certificate of Eligibility issued by respondent No. 5/NTA,
which is extracted below: -
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13. Second, is the Ph.D. Admission Notification dated 16.10.2025, which
is reproduced as under:-
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14. The Revised Ph.D. Ordinance-9 (IX) titled "Degree of Doctor of
Philosophy (Ph.D.) (Academic)" dated 17.10.2025 issued by the
respondent university contains the eligibility criteria, which reads as
under:-
"3. Admission Procedure
xxxxxxxx
c. The notification/advertisement shall be issued in advance.
The admission schedule and other relevant information
shall also be notified. Provided that the following categories
of candidates shall be exempted from taking entrance test
for Ph.D. programme:
(i) Candidates who have qualified for
fellowship/scholarship in UGC-NET I, II & III/UGC-CSIR
NET/GATE*/CEED and similar National level tests.
(ii) ICCR- Sponsored candidates or any other equivalent
fellowship holder.
*(Qualified under general category)
Provided that all the above candidates who have been
granted entrance-test exemption will have to follow the rest
of the admission process as per the schedule and fulfill all
other requirements as per the Ordinances and the Ph.D.
regulations."
15. Lastly, the application form of the petitioner, which reads as under: -
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16. Mr. Hasan, learned counsel for the petitioner, states that in the present
case, admittedly, the notification is dated 16.10.2025, on which date
the petitioner was eligible under the exempted category as his UGC-
NET II certificate was valid. Hence, the denial of admission by the
respondent No. 2 is contrary to its own policy.
17. He further also relies upon the judgment of Hon'ble Supreme Court in
the judgment of Asha v. Pt. B.D. Sharma University of Health
Sciences, (2012) 7 SCC 389 and the operative paragraphs of the said
judgment read as under:-
"30. There is no doubt that 30th September is the cut-off
date. The authorities cannot grant admission beyond the
cut-off date which is specifically postulated. But where no
fault is attributable to a candidate and she is denied
admission for arbitrary reasons, should the cut-off date be
permitted to operate as a bar to admission to such students
particularly when it would result in complete ruining of the
professional career of a meritorious candidate, is the
question we have to answer.
31. Having recorded that the appellant is not at fault and
she pursued her rights and remedies as expeditiously as
possible, we are of the considered view that the cut-off date
cannot be used as a technical instrument or tool to deny
admission to meritorious students. The rule of merit stands
completely defeated in the facts of the present case. The
appellant was a candidate placed higher in the merit list. It
cannot be disputed that candidates having merit much lower
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to her have already been given admission in the MBBS
course. The appellant had attained 832 marks while the
students who had attained 821, 792, 752, 740 and 731
marks have already been given admission in the ESM
category in the MBBS course. It is not only unfortunate but
apparently unfair that the appellant be denied admission.
32. Though there can be the rarest of rare cases or
exceptional circumstances where the courts may have to
mould the relief and make exception to the cut-off date of
30th September, but in those cases, the Court must first
return a finding that no fault is attributable to the
candidate, the candidate has pursued her rights and legal
remedies expeditiously without any delay and that there is
fault on the part of the authorities and apparent breach of
some rules, regulations and principles in the process of
selection and grant of admission. Where denial of admission
violates the right to equality and equal treatment of the
candidate, it would be completely unjust and unfair to deny
such exceptional relief to the candidate. (Refer Arti
Sapru v. State of J&K [(1981) 2 SCC 484 : 1981 SCC
(L&S) 398] , Chhavi Mehrotra v. DG, Health
Services [(1994) 2 SCC 370] and Arvind Kumar
Kankane v. State of U.P. [(2001) 8 SCC 355] )"
18. I have heard learned counsels for the parties.
19. In the present case, the exempted category is only in case a person has
a valid UGC-NET Scorecard on the date of application. As per the
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Certificate of Eligibility , the validity of the certificate is for a period
of 1 year from the date of declaration of result, which as per pointer
(IX) of Certificate of Eligibility is 17.10.2024 (reproduced above).
Hence, the petitioner's Certificate of Eligibility was valid from
17.10.2024 till 16.10.2025.
20. As per the Ph.D. Admission Notification dated 16.10.2025
(reproduced above) the respondent only started online forms for
application on 20.10.2025 and till 08.11.2025 and the application
form was submitted by the petitioner only on 27.10.2025 at 21:10:36.
Hence, on the said date i.e., 27.10.2025, when the petitioner applied
for admission, the petitioner did not have a valid UGC-NET
Scorecard.
21. Additionally, the judgment of Asha (supra) relied upon by the learned
counsel for the petitioner is not applicable here as the same is
differentiable on facts. In Asha (supra), the controversy was around
appellant's absence during counseling. The appellant was fully
qualified on the date of counseling and meritorious but was denied
admission by the medical college which was challenged. In the
present case, I have already returned the finding that on the date of
application, the petitioner was not qualified under the Exempted
category as his Certificate of Eligibility expired its one year term.
22. The Court under Article 226 of the Constitution of India cannot
extend the period of admission, which to my mind is sacrosanct.
23. The fact that the petitioner was not eligible on the date of the
application is also confirmed by respondent No. 5/NTA.
24. For the said reasons, I am unable to entertain the present petition and
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hence, the present petition is dismissed.
25. The next date of hearing i.e., 04.05.2026, stands cancelled.
JASMEET SINGH, J
APRIL 13, 2026/sp
(Corrected and released on 15.04.2026)
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By:MAYANK
Signing Date:17.04.2026
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