The Centre has informed the Delhi High Court that the Common University Entrance Test (CUET), a national-level entrance exam that provides admission to various UG, PG, and PhD programmes, is not mandatory for central universities.

The submission was made before a division bench of Chief Justice Satish Chandra Sharma and Justice Sanjeev Narula in a plea against Delhi University (DU)’s decision to offer admission in its five-year integrated law courses based on the result of the Common Law Admission Test (CLAT UG) 2023.

In its August 25 order, the bench noted, “…CGSC (Central Government standing counsel) for Union of India, on instructions, has categorically stated that the Common University Entrance Test is not mandatory for central universities and that they enjoy autonomy in the matter of admission. Reliance is placed on the National Education Policy, 2020, to point out that institutes of higher education have academic and administration autonomy”.

The order also noted the submission of the counsel appearing for the University Grants Commission (UGC) who “categorically” said that it is “mandatory for all central universities to adhere to the CUET for admission to UG/PG programmes”.

The court, thereafter, said, “UGC, as well as Union of India, are granted one week’s time to file a detailed counter affidavit. University of Delhi may also file a supplementary counter affidavit, in case they desire to do so”.

The matter is next listed on September 12.

The PIL petition, which challenges a DU notification of August 4, seeks that admissions to the five-year integrated law courses be done through the CUET UG 2023.

The notification states that DU’s Faculty of Law introduced the “Five-Year Integrated Law Courses – BA LLB (Hons) and BBA LLB (Hons)” – from the academic year 2023-2024.

“The Bar Council of India in its letter dated 26.07.2023 has accorded its approval of 60 seats for BA LLB (Hons) and 60 seats for BBA LLB (Hons). Admission to BA LLB (Hons) and BBA LLB (Hons) shall be based on merit in the Common Law Admission Test (CLAT) UG 2023 result. The classes for BA LLB (Hons) and BBA LLB (Hons) courses will be held at the Faculty of Law, Kanad Bhawan, North Campus, University of Delhi. The online application for admission to BA LLB (Hons) and BBA LLB (Hons) courses will be announced by the University soon,” the notification stated.

The plea states with its August 4 notification, DU has imposed a “wholly unreasonable and arbitrary condition” that the admission to five-year integrated law courses shall be solely based upon merit in the CLAT-UG 2023 result, which is violative of the right to equality under Article 14 and the right to education under Article 21 of the Constitution.