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Judgment
JASMEET SINGH, J (ORAL)
CM APPL. 24524/2026
This is an application filed under Order I Rule 10(2) read with Section 151 of CPC, 1908 seeking deletion of the applicant namely Mr. Soham Bharadwaj, who has been impleaded as respondent No. 3 in the main petition.
It is stated that the applicant was offered a seat in Indraprastha Institute of Information Technology, Delhi, Electronics and VLSI Engineering (EVE) branch.
Since the applicant has got admission at PES University, Bangalore and has given up the seat in Indraprastha Institute of Information Technology, Delhi, Electronics and VLSI Engineering (EVE) branch.
In this view of the matter, Mr. Soham Bharadwaj is deleted from the memo of parties and his stand is taken on record.
The present application stands disposed of in aforesaid terms.
W.P.(C) 10794/2025
This is a writ petition filed under Article 226 of the Constitution of India seeking the following prayers:-
“(a)A writ of certiorari calling for the records of the case for perusal;
(b)A writ of certiorari quashing the action of the Respondents in not considering the Petitioner for IIIT Delhi, Branch- Electronics and VLSI Engineering (EVE), despite the seat being available at the time of Upgradation Round, being illegal, arbitrary, discriminatory, unjust and in violation of the principles of equity, justice and good conscience and Article 41 of the Constitution of India.
(c)A writ of mandamus directing the Respondents to grant admission to the Petitioner in IIIT Delhi, Branch- Electronics and VLSI Engineering (EVE), under GNGNO category, for all intents and purposes.
(e)A writ, order or direction in the nature of a writ of mandamus directing the Respondents to pay the cost of this petition to the Petitioner. ...”
The brief facts are that the respondent No. 1/Joint Admission Committee (“JAC”), Delhi, is a consortium of Institutions for admission to Undergraduate Programmes in Delhi Government funded premier universities, offering Engineering and Architecture programmes. The institutions which participated in JAC for B.Tech and B.Arch programmes are namely Delhi Technological University (“DTU”), Netaji Subhas University of Technology (“NSUT”), Indira Gandhi Delhi Technical University for Women (“IGDTUW”) and Indraprastha Institute of Information Technology, Delhi (“IIIT-Delhi”).
The admissions are done on the basis of rank of students obtained in Joint Entrance Examination, (“JEE”) (Main) conducted by the National Testing Agency (“NTA”). As per 2025 brochure for the Registration-cum-Counselling of respondent No. 1, 85% seats in all the participating institutions are earmarked for Resident Indian Nationals belonging to Delhi Region and the balance 15% seats were to be filled by candidates belonging to Outside Delhi region. Some of the important provisions of the said brochure are relevant and read as under:-
| 4 | Seat freezing (Online through candidate’s login only) (Candidates may freeze their allotted seat after provisional admission if they do not want any upgradation of seat/institute as per their filled choices) | Last date and time: July 10, 2025 (Thursday) (upto 10:30 P.M.) |
| 5 | Withdrawal of admission (Online through candidate’s login only). The candidates, who opt this option, will be treated to have withdrawn from all the remaining rounds of counselling (They may participate only in the SPOT round). The seat allotted to such candidates will be cancelled and shall be treated vacant. Withdrawal option will remain open till July 12,2025 (10:30pm). Last date and time: July 12, 2025 (upto 10:30 PM) |
Last Date of Withdrawal (Online): July 12, 2025 (Saturday), upto 10:30 PM
Candidate will get refund in case he/she withdraws on or before July 12,2025, 10:30 PM through his/her JAC login only.
Withdrawal request through application and/or E-mail will not be considered in any circumstance.
No refund of Seat Acceptance Fee shall be made in case a candidate withdraws after 10:30 PM, July 12th, 2025.
FIFTH ROUND
Seat Conversion Rules (Section 3.2 of the Admission Brochure) are applicable in this round
| Declaration of Seat Allotment Result | July 15, 2025 (Tuesday) |
| Physical Reporting after Payment of Seat Acceptance Fee at respective allotted University/Institute* for Document Verification (Time: 10:00 A.M. to 03:00 P.M.) | |
| Delhi Region: All categories | July 16, 2025 (Wednesday) |
| Outside Delhi Region: All categories | July 17, 2025 (Thursday) |
Candidates who have been allotted a seat in round-5 and do not pay the seat acceptance fee or have paid the required Seat Acceptance Fee and do not report physically for document verification at respective University/Institute, the admission will be cancelled.
| Seat freezing (Online through candidate’s login only) (Candidates may freeze their allotted seat after provisional admission if they do not want any upgradation of seat/institute as per their filled choices) | Last date and time: July 17, 2025 (Thursday) (upto 10:30 P.M.) |
Withdrawal of admission (Online through candidate’s login only)
The candidates, who opt this option, will be treated to have withdrawn from all the remaining rounds of counselling (They may participate only in the SPOT round). The seat allotted to such candidates will be cancelled and shall be treated vacant. Withdrawal option will remain open during physical reporting window.
Though withdrawal option is available, no refund of Seat Acceptance Fee shall be admissible to the candidates withdrawing after 10:30 PM, July 12th, 2025 (10:30pm).
Upgradation Round
Seat Conversion Rules (Section 3.2 of the Admission Brochure) are applicable in this round
| Display of upgraded branch (after internal upgradation) of admitted candidates in candidate’s login before SPOT ROUND | July 18, 2024 (Friday) |
| Seat freezing (Online through candidate’s login only) (Candidates can freeze their allotted seat if they do not want any further upgradation in seat/institute as per their filled choices during SPOT Round(if any)) | July 19,2025 (Saturday), by 10:30 PM |
*Venue for reporting for Document Verification at respective allotted University/Institute
DTU: DTU (Main Campus) Shahbad Daulatpur, Bawana Road, Delhi-110042
NSUT: NSUT (Main Campus) Sector-3, Dwarka, New Delhi-110078
IIIT-Delhi: IIIT-Delhi Okhla Industrial Estate, Phase-3, New Delhi-110020
IGDTUW: IGDTUW- Kashmere Gate, Delhi-110006
Note: General Guidelines for candidates
Candidates are advised to fill maximum choices/preferences in the given window of Choice Editing, in order to maximize their chance to get admission and later to be considered for Upgradation through JAC Delhi.
Seat conversion as per Section 3.2 of the Information Brochure may take place once the registered claimants in the merit list for any seat in any category/sub-category gets exhausted.
All certificates related to category/sub-category should be available with the candidates in the correct prescribed format when he/she reports for document verification. No additional time will be given to produce the required certificate.
Seat Acceptance Fee payment in any round will start immediately after the result is published and will be open only till 2:00 pm of the last day of the physical reporting for document verification of that round. All candidates have to report as per the given schedule after payment of their seat acceptance fee.
Those candidates who have verified their documents and received the provisional letter need not to report to any participating university/institute for further document verification in subsequent rounds.
A candidate, who has already been admitted and gets upgraded in next round of counselling, is not required to report at the upgraded University/Institute
Candidates whose seats get cancelled in any round due to deficiencies in their documents and who are allotted a fresh seat in any subsequent round must report to the respective University/Institute of the freshly allotted seat for document verification; otherwise their admission against the new seat will be cancelled
SPOT ROUND (subject to availability of Seats)
| 1 | Display of available vacancies | July 19, 2025 (Saturday) |
| 2 | Physical SPOT Round (if required) – Tentative Dates. Venue: DTU, Shahbad Daulatpur, Main Bawana Road, Delhi - 110042 | July 22, 2024 (Tuesday) To July 25, 2024 (Friday) |
The guidelines for the spot round is also relevant and reads as under:-
JOINT ADMISSION COUNSELING (JAC), DELHI-2025
GUIDELINES FOR SPOT ROUND (B.Tech. / B.Arch.)
Spot Round Dates
July 22,2025 (Tuesday) to July 25,2025 (Friday)
Venue for Spot Round
B.R.Ambedkar Auditorium
Delhi Technological University
Shahbad Daulatpur, Main Bawana Road
New Delhi-110042
NOTE: - Already admitted candidates need not to participate physically in the Spot round as vacancy for spot round are extracted only after upgrading all admitted candidates against the seats left vacant after all the regular rounds (Round 1 to Round 5)
Participating University/Institutes for the Spot Round
DTU •IIITD
NSUT •IGDTUW
Who are eligible for Spot Round?
Candidates already registered in JAC Delhi (who had paid registration fee of Rs.1500/-) but currently not admitted in any of the participating institutes (DTU, IGDTUW, IIITD and NSUT).
JAC Delhi registered candidates who have not taken admission in any program offered by any of the participating University / Institute in any round.
The registered candidates who were allotted seat in any of the counselling rounds but did not report for admission.
The registered candidates who have not filled any choice during online registration process.
The registered candidates who were allotted seat in some round of counselling, but the seat was cancelled due to some deficiency (or any other legitimate reason) and they are still not admitted in any participating institute
The registered candidates who were allotted seat in some round of counselling, but the candidate has withdrawn his/her seat from the counselling.
For B. Arch admissions, candidates who have not registered for JAC Delhi-25 are also eligible provided they have qualified JEE Main-2025 (Paper-II) or National Aptitude Test in Architecture (NATA)-2025.
Extracting vacancies for Spot Round
Vacancies for Spot Round will be displayed on JAC Delhi website on July 19,2025.
No Fresh Registration for Spot Round
No fresh registration will be permitted for spot round of admissions.
Spot Round admission process (July 22, 2025 to July 25, 2025)
Candidate or candidate’s authorized representative can participate in spot round. All candidates who want to participate in Spot Round MUST bring following documents along with demand draft. No admission will be permitted without any of the following documents.
Printout of JAC Delhi registration form (candidate profile) (printed after July 18, 2025)
Class X mark sheet (original and one photocopy)
Class XII mark sheet (original and one photocopy)
Category (ST/SC/OBC/PD/CW/SG) certificate(s), if applicable (original and one photocopy)
Medical Fitness Certificate (Refer Information Brochure Section 7.2)
Demand Draft of amount Rs. 95,000/- in favor of “JAC DELHI” payable at SBI, Delhi College of Engineering, Bawana Road, New Delhi. No other mode of payment will be accepted. NOTE: Those taking admission in DTU, IIITD, NSUT, IGDTUW will need to pay balance fee as per the guidelines of Balance Fee Payment on the website of respective University
Candidate can accept any seat available as per his rank, by paying the admission fee immediately through Demand Draft (DD). No extra time will be provided for making the DD after seat is offered.
Any seat conversion (if needed) will be done as defined in admission brochure (refer Section 3.2 of the Admission brochure).
Candidates being admitted in spot round will be marked as ‘Freeze’ and they will not be considered for upgradation (if any) during spot round.
Reporting for Spot Round
NOTE: Detailed schedule with timings will be released along with the Spot Round Vacancies on 19th July, 2025 on JAC Delhi Website.
Meanwhile Candidates need to report for Spot Round as per the tentative dates given below. Seats will be allotted only based on the vacancies available.
Seats will be offered category wise. In each category, candidates will be called in order of their JEE (Mains) CRL rank and available vacant seats will be offered
Subcategory candidates will be called first in the slot of their respective main category (based on the vacancy in that particular subcategory, if any).
For IIITD seat, candidates will be offered seat on the basis of IIITD rank (refer chapter 8 of admission brochure).
For B.Tech.
| ST/SC/OBC/EWS Category Candidates (Outside Delhi) | July 22, 2025 (Tuesday) |
| Single Girl Child (Delhi) & ST/SC/OBC/EWS Category Candidates (Delhi) | July 23, 2025 (Wednesday) |
| General Category Candidates (Outside Delhi) | July 24,2025 (Thursday) |
| General Category Candidates (Delhi) | July 25,2025 (Friday) |
For B.Arch.
| Candidates of all Categories both Delhi and Outside Delhi | July 24, 2025 (Thursday) Morning 10:00 am |
Venue for Spot Round
B.R.Ambedkar Auditorium
Delhi Technological University
Shahbad Daulatpur, Main Bawana Road
New Delhi-110042
The petitioner appeared in JEE-Mains examinations and secured an All India Rank of 20,529. The petitioner was allotted a seat in DTU, Branch- Production and Industrial Engineering, in the 2nd Round of counselling. Thereafter, the petitioner was upgraded in the 3rd round and in the 5th round was allotted seat in IGDTUW, Branch- Computer Science and Engineering.
Subsequently on 19.07.2025, the result of the upgradation round was declared where the petitioner was not upgraded. The schedule for spot round of counselling along with tentative list of vacancies was also announced wherein there were three vacant seats available at IIIT Delhi (outside Delhi), Branch-Electronics and VLSI Engineering (EVE).
The petitioner is aggrieved, as according to the petitioner, the petitioner should have automatically been granted a seat at IIIT Delhi (outside Delhi), Branch-Electronics and VLSI Engineering (EVE) in the said three vacant seats and only two seats should have been available for spot round counselling.
Hence, the present petition.
Ms. Alam, learned counsel for the respondents, draws my attention to the counter affidavit and more particularly paragraph No. 17 which reads as under:-
“17.That at the outset it is most respectfully submitted that the whole case of the Petitioner is premised in the fact that there were 3 vacant seats at IIIT-Delhi for in Electronics and VLSI Engineering (EVE) after getting upgradation in the 5thround of counselling, however, she was not allowed to upgrade her seat as she did get upgradation of her seat in the 5thround of counselling in Computer Science and Engineering at IGDTUW.
This claim of the Petitioner is nor permissible because no upgradation is allowed in the Spot Round of Counselling. The candidates present at the Spot Counselling is allotted the seat as per merit. Candidates who are not present misses the bus. The Petitioner, also participated in the Spot Round and candidates higher in merit than the Petitioner were allotted the seats.”
She argues that the people who are higher than the petitioner as per IIIT-Delhi rank would be offered seats and there were people higher in rank than the petitioner and hence the petitioner was not upgraded.
I have heard learned counsels for the parties.
Mr. Sinsinwar, learned counsel for the petitioner, relies on the judgment of the Hon’ble Supreme Court in S. Krishna Sradha v. State of A.P., (2020) 17 SCC 465, and more particularly on paragraph No. 13, which reads as under:-
“13.In light of the discussion/observations made hereinabove, a meritorious candidate/student who has been denied an admission in MBBS course illegally or irrationally by the authorities for no fault of his/her and who has approached the Court in time and so as to see that such a meritorious candidate may not have to suffer for no fault of his/her, we answer the reference as under:
13.1.That in a case where candidate/student has approached the court at the earliest and without any delay and that the question is with respect to the admission in medical course all the efforts shall be made by the court concerned to dispose of the proceedings by giving priority and at the earliest.
13.2.Under exceptional circumstances, if the court finds that there is no fault attributable to the candidate and the candidate has pursued his/her legal right expeditiously without any delay and there is fault only on the part of the authorities and/or there is apparent breach of rules and regulations as well as related principles in the process of grant of admission which would violate the right of equality and equal treatment to the competing candidates and if the time schedule prescribed — 30th September, is over, to do the complete justice, the Court under exceptional circumstances and in rarest of rare cases direct the admission in the same year by directing to increase the seats, however, it should not be more than one or two seats and such admissions can be ordered within reasonable time i.e. within one month from 30th September i.e. cut-off date and under no circumstances, the Court shall order any admission in the same year beyond 30th October. However, it is observed that such relief can be granted only in exceptional circumstances and in the rarest of rare cases. In case of such an eventuality, the Court may also pass an order cancelling the admission given to a candidate who is at the bottom of the merit list of the category who, if the admission would have been given to a more meritorious candidate who has been denied admission illegally, would not have got the admission, if the Court deems it fit and proper, however, after giving an opportunity of hearing to a student whose admission is sought to be cancelled.
13.3.In case the Court is of the opinion that no relief of admission can be granted to such a candidate in the very academic year and wherever it finds that the action of the authorities has been arbitrary and in breach of the rules and regulations or the prospectus affecting the rights of the students and that a candidate is found to be meritorious and such candidate/student has approached the court at the earliest and without any delay, the court can mould the relief and direct the admission to be granted to such a candidate in the next academic year by issuing appropriate directions by directing to increase in the number of seats as may be considered appropriate in the case and in case of such an eventuality and if it is found that the management was at fault and wrongly denied the admission to the meritorious candidate, in that case, the Court may direct to reduce the number of seats in the management quota of that year, meaning thereby the student/students who was/were denied admission illegally to be accommodated in the next academic year out of the seats allotted in the management quota.
13.4.Grant of the compensation could be an additional remedy but not a substitute for restitutional remedies. Therefore, in an appropriate case the Court may award the compensation to such a meritorious candidate who for no fault of his/her has to lose one full academic year and who could not be granted any relief of admission in the same academic year.
13.5.It is clarified that the aforesaid directions pertain to admission in MBBS course only and we have not dealt with postgraduate medical course.”
Since the applicant in CM APPL. 24524/2026 has vacated the seat, there are two seats available at IIIT-Delhi, Branch Electronics and VLSI Engineering (EVE).To my mind, once the spot round counseling was done, before that the petitioner should have been upgraded to the IIIT-Delhi and should have been offered the seat, as in case, candidates higher in rank than the petitioner opted for those seats, the same should not have been available in the spot round counseling.
However, since the same didn’t happen, and there are still two seats available at IIIT-Delhi, Branch Electronics and VLSI Engineering (EVE) and there is no reason as to why the petitioner should not be given one of these seats. The petitioner is a meritorious student and no fault is attributable to her.
For the said reasons, it is directed that the respondents shall take necessary measures to ensure that the petitioner is admitted at IIIT-Delhi, Branch Electronics and VLSI Engineering (EVE).
With aforesaid directions, the present writ petition is disposed of, along with pending applications, if any.