JUDGMENT : 1. The petitioner is aggrieved by denial of admission to the B.A. (Hons.) Economics Course in the category of paid seats by the respondent-University. The undisputed facts are these: 2. The petitioner applied for admission to B.A. (Hons.) Economics Course under the category of paid seats as well as regular seats at D.A.V. Post Graduate College, affiliated to Banaras Hindu University, Varanasi. The petitioner had secured 279.46/400 marks in CUET-2022 Examination. The last candidate who was admitted to B.A. (Hons.) Economics Course under the paid seats category had obtained lesser marks than the petitioner. The case of the petitioner for admission to the B.A. (Hons.) Economics Course in the category of paid seats was never considered by the University despite his application and eligibility for admission. This fact has been pleaded by the petitioner but not refuted by the University in its counter affidavit. Further, Shri Hem Pratap Singh, learned counsel for the respondent-University has fairly admitted that the University has not considered the petitioner for admission to B.A. (Hons.) Economics Course in the category of paid seats. 3. After these facts were established, Sri Hem Pratap Singh, learned counsel for the respondent-University placed the relevant Ordinances of the University which are extracted hereunder for ease of reference: "(i) There is a provision of 'Paid Seats' (supernumerary) in some courses, up to a maximum of 15% of total seats. Admission on Paid Seats will be done only after the regular fee seats are full. (ii).... (iii) In case of UG Counseling, Paid Seats options will be exercised by the candidates during preference entry. Allotment of Paid Seats would be done amongst those candidates, in order of merits." 4. There is also a provision for Upgradation and Locking of Admission in the said ordinances which is reproduced below: "UPGRADATION AND LOCKING RULE: Rearrangement in 2nd and/or subsequent Admission List(s): The candidates have to enter their preference of course (where choice is available) in the preference entry form. The module has been developed in a manner to ensure that if the seats fall vacant on expiry of deadline of fee payment (after declaration of any Round of results due to candidates holding higher merit do not take admission etc.), there are chances that the candidate who was initially allotted a course of his/her lower order of preference may get upgraded to a more preferred course as per his/her preference order. Accordingly. based on the preference given by the candidate at the time of counselling, there could be change in course allocation after its initial allotment. Rearrangement process will enable only upward mobility of a candidate in the order of preference filled up by him/her, vacancy being created and his/her merit order provided payment of admission fee has already been done for the initial allotment within the prescribed deadline." (emphasis applied) "Locking of Course Allotment: At times, if the candidate does not want any change in the Course allotted initially to him/her (say after 1" or subsequent round of result) thereby meaning that he/she wants to be excluded from the aforesaid rearrangement process in the subsequent round. If he/she is satisfied with the course allocation after any round of declaration of admission list, in such cases candidate will immediately email only through the Registered email ID of candidate to the Convener of the concerned Admission Committee to lock his/her course allotment. For this purpose each Admission Committee will create a dedicated email ID. If a candidate asks for lock option in the manner aforesaid, he/she will be excluded from the aforesaid rearrangement exercise in the succeeding rounds. NOTE: I.... II.... III. It is advised to every candidate to be very clear and careful while filling up their preferences of the subject in Preference Entry Form as after locking the course allotment, the so allotted combination with Honours subject by the computerized Online Admission Module shall not be changed under any circumstances during the whole course period." 5. Petitioner was granted admission in the B.A. (Hons) Sociology course. He deposited the admission-fee and has been pursuing the aforesaid ever since. The fact that the petitioner got admitted to the B.A. (Hons) Sociology course does not mean that he had waived his right to be admitted to B.A. (Hons) Economics course, nor does it estop him from pressing his right to be considered as a candidate for B.A. (Hons) Economics course in the category of paid seats. 6. The contention on behalf of the University that once a student pays his fees and takes admission in another course, his preferred option cannot be exercised in view of 'Locking Rule" is misconceived. Reference of the underlined part of the rule shows that the petitioner was entitled to an upward mobility in the order of preference filled by him. The rule contemplates rearrangement in admissions. Reference of the underlined part of the rule shows that the petitioner was entitled to an upward mobility in the order of preference filled by him. The rule contemplates rearrangement in admissions. 7. The petitioner satisfies the pre-requisites for being allotted course of higher preference. He had paid the fees after his initial allotment within the prescribed deadline. Further, the vacancy was created in the course and by virtue of the petitioner’s merit the vacancy was liable to be filled up by him. 8. Locking of rule is a completely different concept and has no bearing in the instant case. The course allotment is locked only when a candidate makes a request to the University that he does not want any change in the course allotted to him initially and wants to be excluded from the rearrangement process. Admittedly, the candidate had not opted for locking of his admission in B.A. (Hons.) Sociology and hence could not be have been excluded from the upward arrangement process. 9. The refusal of the University to admit the petitioner in the B.A. (Hons.) Economics Course in the category of paid seats was arbitrary and illegal. 10. In the wake of the preceding discussion this Court finds that the petitioner was entitled to the B.A. (Hons.) Economics Course in the category of paid seats. 11. A writ in the nature of mandamus is issued commanding the respondent University to forthwith process his candidature for admission to the B.A. (Hons) Economics course. 12. In view of the fact that the petitioner's admission to the said course was delayed by the fault of the University, the University shall take all measures including extra classes, holding of special exams and necessary support so that the petitioner does not lose an academic year. 13. The writ petition is allowed.