Justice Rajiv Sahai Endlaw raised the query after DU told the court there was "no additional eligibility criteria" that colleges could impose as the admission system was centralised, under which each student has to fill up one form and submit it to the university.
The court, however, said that DU notification said the cut-off/eligibility criteria "may" be followed by the colleges and therefore, power was in the hands of the colleges.
It asked the DU counsel to explain where, in its admission circular, was it said that the colleges were bound by the eligibility criteria. "Normally affiliates have to abide by the criteria. Where is that rule?" the court asked.
The court was hearing a bunch of petitions filed by students who studied from Kerala, Haryana, Punjab and Rajasthan state boards and faced a deduction of 10 per cent in their best-of-four marks at the time of calculating cut-offs.
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The students, some of whom could not get admission in colleges of their choice and others whose admissions were cancelled, have sought a uniform system of admission and also challenged the cut-off calculation notification.
DU, during the arguments, told the court that it was not possible to regularise all the state boards.
The university also said it cannot sit on what was good and bad criteria as it was a policy decision.
The court, thereafter, listed the matters for further hearing on July 13.