Education
Should University Admission Be Based Solely on Merit?
LNAT Section B ยท Model essay
The essay prompt
Some argue that places at university, and especially at the most selective universities, should be awarded purely on academic merit. Decide whether you agree, and defend a clear position.
The stance
No. Admission should not rest solely on merit, because raw attainment measures privilege as much as talent and universities are public institutions with duties beyond private reward; but the cure is contextual, reformed selection, not the opposite extreme of a lottery, which abandons judgment without curing the underlying inequality.
Defining the terms
- Merit โ Narrowly, quantifiable academic attainment such as grades and admissions-test scores; the essay argues these measure opportunity as much as ability.
- Solely on merit โ Exclusive reliance on attainment measures, ignoring an applicant's background, the school they sat exams in, and the university's wider public purposes.
- Contextual admissions โ Reading attainment against the circumstances in which it was achieved, so that the same grade can mean different things at different schools, without lowering the underlying standard.
- Lottery โ Random allocation of places among applicants who clear a baseline threshold, proposed as a fairer alternative to contested selection.
Assumptions to interrogate
- That academic attainment is an objective, politically neutral measure of talent.
- That fairness means treating every applicant identically rather than proportionately.
- That universities are private reward-dispensers rather than public institutions with civic and distributive purposes.
- That the only alternatives are pure merit or pure chance, when reformed contextual selection is a third option.
The case for
Merit is socially conditioned, not neutral, so 'pure' attainment reproduces privilege.
An A grade at a school with small classes, tutors and exam coaching is not the same achievement as the same grade won against disadvantage. The Sutton Trust found that, although independent-school pupils make up about 18% of A-level entrants, they win roughly 42% of Oxbridge places and are around seven times more likely to reach Oxbridge than comprehensive-school peers. Treating those grades as 'pure merit' launders inequality into apparent desert.
Equal access requires reading attainment in context, and the law already says so.
Fairness is proportion, not sameness. UK law treats genuine access as a condition of operating: under section 12 of the Higher Education and Research Act 2017, higher-fee universities must have an access and participation plan approved by the Office for Students. Oxford's own contextual data and its Opportunity Oxford and Astrophoria Foundation Year programmes admit disadvantaged students on contextual grounds, recognising that ignoring the slope does not make the playing field level.
Universities are public institutions whose admissions shape who governs.
Selection to elite universities helps decide who becomes the next generation of lawyers, doctors and legislators. To define access solely by narrow metrics entrenches a single social group at the top across generations. Admissions are therefore not just private rewards but choices about future legitimacy, which is why even merit's defenders accept that universities owe duties to society, not only to the highest scorer.
The case against
Merit-based selection rewards effort and protects standards against arbitrariness.
Attainment is the most transparent and reviewable proxy we have for academic ability, and it rewards the work applicants actually did. Article 26 of the Universal Declaration of Human Rights itself states that higher education 'shall be equally accessible to all on the basis of merit', treating merit as the fair organising principle once access is genuinely equal. Abandon it entirely and you sever reward from achievement.
A lottery looks egalitarian but abdicates judgment and dampens aspiration.
Allocating places by chance among those who clear a threshold removes the incentive to excel beyond the minimum, and it strips an elite degree of its signalling value. The Netherlands ran exactly this experiment: a national lottery for oversubscribed courses was prohibited from 2017 amid concern that talent was being wasted, before being cautiously re-permitted as an option in 2023. Randomness is a refusal to choose, not a way of choosing fairly.
A lottery does not dismantle structural inequality; it re-shuffles the privileged pool.
Because schooling, resources and coaching shape who reaches the threshold at all, a lottery mostly re-scrambles an already advantaged group. Disadvantaged candidates who never reach the threshold remain excluded. Contextual admissions, outreach and need-based support target the inequality directly; a lottery offers the appearance of fairness while leaving the underlying structure intact.
The argument, step by step
- 1. Reframe the question as a false binary: the real choice is not pure merit versus pure chance, but unexamined merit versus contextual, reformed selection.
- 2. Establish that 'merit' is socially conditioned: the Sutton Trust data (18% of entrants, 42% of Oxbridge places, seven times more likely) shows attainment tracks privilege.
- 3. Argue that genuine equal access requires context, and that UK law and Oxford's own practice already demand it (HERA 2017 s.12; Opportunity Oxford).
- 4. Concede merit's real strengths honestly: transparency, reward for effort, and UDHR Article 26's endorsement of merit-based access.
- 5. Steel-man the lottery as the egalitarian alternative, then dismantle it: the Dutch experience shows it wastes talent and is unstable; it re-shuffles privilege without curing it.
- 6. Use comparison to show the mature answer is calibrated context, not blindness or chance: the US has swung from Grutter to a near-total ban (SFFA), Canada permits ameliorative programmes under Charter s.15(2), and the ECHR (Belgian Linguistic Case) treats reasoned differential treatment as legitimate.
- 7. Conclude that admission should rest on merit read in context, neither solely on raw attainment nor on the dice.
The model plan
Stance: not solely on merit, but not by lottery either; the answer is contextual, reformed selection. Intro: reframe as a false binary, merit vs chance, and state the thesis. P1 (FOR not-sole-merit): merit is socially conditioned, the Sutton Trust shows 18% of entrants but 42% of Oxbridge places and seven times the access rate, so 'pure' grades launder privilege. P2 (FOR): equal access needs context, and UK law agrees, HERA 2017 s.12 access and participation plans (Office for Students) plus Oxford's contextual data and Opportunity Oxford / Astrophoria. P3 (FOR): universities are public institutions shaping future elites, so admissions carry duties beyond private reward. P4 (AGAINST, conceded): merit is transparent, rewards effort, and UDHR Article 26 endorses access 'on the basis of merit'. P5 (REBUTTAL of the lottery alternative): the Netherlands prohibited its admissions lottery in 2017 then only cautiously re-permitted it in 2023, a lottery wastes talent, kills aspiration and merely re-shuffles the privileged pool. Comparative: US swung from Grutter v Bollinger (2003) to SFFA v Harvard (2023) banning race-conscious admissions, Canada permits ameliorative programmes under Charter s.15(2) (R v Kapp), ECHR Belgian Linguistic Case (1968) treats reasoned differential treatment with a legitimate aim as non-discriminatory. Conclusion: merit read in context, not raw attainment and not the dice.
The model essay
The question hides a false choice. We are invited to pick between cold, pure merit and some softer, fuzzier alternative, and the most fashionable rival is a lottery: admit by random draw among everyone who clears a threshold. Both extremes are wrong. Admission should not rest solely on merit, because raw attainment measures opportunity as much as talent and universities owe duties beyond private reward; but the answer is not to surrender judgment to chance. It is contextual, reformed selection: merit read in the light of circumstance.
The first reason against sole merit is that merit is not neutral. An A grade is not the same achievement at a school with small classes, private tutors and years of exam coaching as it is against real disadvantage. The Sutton Trust found that independent-school pupils, around 18% of A-level entrants, win roughly 42% of Oxbridge places and are about seven times more likely to reach Oxbridge than their comprehensive-school peers. To treat those grades as 'pure merit' is to launder inequality into the language of desert. Neutrality without context is privilege wearing a fair disguise.
This is why genuine equality of access requires reading attainment in context, and crucially the law already accepts the point. Under section 12 of the Higher Education and Research Act 2017, universities that charge higher fees must have an access and participation plan approved by the Office for Students. Oxford itself uses contextual data and runs Opportunity Oxford and the Astrophoria Foundation Year, admitting disadvantaged applicants on contextual grounds without lowering the underlying intellectual standard. Fairness here is proportion, not sameness; you do not level a playing field by pretending it has no slope.
There is also a public dimension that sole merit ignores. Admission to selective universities helps decide who becomes the next generation of lawyers, judges and legislators. To define access purely by narrow metrics is to entrench one social group at the top across generations. Admissions are not only private prizes; they are quiet decisions about future legitimacy, which is why a university that simply reproduces yesterday's elite fails part of its public purpose.
The case for merit must still be taken seriously rather than caricatured. Attainment is the most transparent and reviewable proxy for ability we have, and it rewards the effort applicants actually made. Article 26 of the Universal Declaration of Human Rights even states that higher education 'shall be equally accessible to all on the basis of merit', treating merit as the fair principle once access is genuinely equal. Sever reward from achievement entirely and you punish effort and invite arbitrariness.
That is exactly why the lottery, the trendy alternative, fails. It looks egalitarian, but it is an abdication dressed as fairness. Once places are won by chance above a threshold, there is little incentive to excel beyond the minimum, and an elite degree stops signalling anything. The Netherlands tested this: it prohibited its national admissions lottery from 2017 amid concern that talent was being squandered, and only cautiously re-permitted it as an option in 2023. Worse, a lottery does not dismantle inequality at all. Because schooling and resources shape who reaches the threshold, it merely re-shuffles an already privileged pool while the genuinely excluded stay excluded. A lottery re-deals privilege; it does not redistribute it.
Comparison confirms that the mature answer is calibrated context, not blindness or chance. The United States swung from Grutter v Bollinger (2003), which permitted the narrowly tailored use of race for diversity, to Students for Fair Admissions v Harvard (2023), which overruled it and effectively banned race-conscious admissions, showing how unstable a purely formal approach to merit becomes. Canada points the other way: section 15(2) of its Charter expressly protects ameliorative programmes for disadvantaged groups. And the European Court of Human Rights, in the Belgian Linguistic Case (1968), held that differential treatment is not discriminatory where it pursues a legitimate aim. Context, reasoned and proportionate, is the through-line.
Merit matters, but it cannot bear the whole moral weight of admission alone, and chance bears none of it. Admission should rest on merit read in context, reformed to correct for disadvantage, rather than on raw attainment or on the roll of a die. That is the only version of fairness with substance behind it.
Authorities worth knowing
Higher Education and Research Act 2017, s.12
Higher Education and Research Act 2017, section 12 (mandatory access and participation plan condition)
Higher-fee universities in England must have an access and participation plan approved by the Office for Students, so UK law itself requires institutions to widen access beyond raw attainment rather than admit solely on grades.
Universal Declaration of Human Rights, Article 26
Universal Declaration of Human Rights (1948), Article 26(1)
'Higher education shall be equally accessible to all on the basis of merit' - endorsing merit as the fair organising principle, but only once access is genuinely equal, which the essay uses to qualify rather than reject merit.
Grutter v Bollinger
Grutter v Bollinger, 539 U.S. 306 (2003)
Student-body diversity is a compelling interest that can justify the narrowly tailored, holistic use of race in public-university admissions - the high-water mark of considering more than attainment in the United States.
Students for Fair Admissions v Harvard
Students for Fair Admissions, Inc. v. President and Fellows of Harvard College, 600 U.S. 181 (2023)
The US Supreme Court overruled Grutter, holding that race-conscious admissions violate the Equal Protection Clause, effectively ending race-based affirmative action in US universities and illustrating how unstable a purely formal merit standard can be.
Canadian Charter of Rights and Freedoms, s.15(2)
Constitution Act 1982, Schedule B, s.15(2); applied in R v Kapp [2008] 2 SCR 483
Ameliorative or affirmative-action programmes targeting historically disadvantaged groups are constitutionally protected from being treated as discrimination, so Canadian law expressly permits looking beyond formal equal treatment in allocating opportunity.
Belgian Linguistic Case (No. 2)
Case 'relating to certain aspects of the laws on the use of languages in education in Belgium' (1968) 1 EHRR 252 (ECtHR)
Under Article 14 ECHR and Article 2 of Protocol 1, a difference in treatment is not discriminatory if it pursues a legitimate aim and is proportionate - supporting reasoned, contextual differentiation in education rather than rigid identical treatment.
How the law frames it
United Kingdom
UK law rejects admission on attainment alone. Under section 12 of the Higher Education and Research Act 2017, higher-fee universities must have an access and participation plan approved by the Office for Students, and institutions such as Oxford use contextual data and run programmes like Opportunity Oxford and the Astrophoria Foundation Year. The Sutton Trust's evidence (independent schools at about 18% of A-level entrants but roughly 42% of Oxbridge places, and seven times the access rate) shows why raw grades cannot stand alone as 'merit'.
Canada
Canada explicitly permits looking beyond formal equal treatment. Section 15(2) of the Charter protects ameliorative or affirmative-action programmes aimed at historically disadvantaged groups from being struck down as discriminatory (R v Kapp, 2008), so Canadian constitutional law treats context-sensitive allocation of opportunity as legitimate rather than suspect - a sharp contrast with the United States.
ECHR
The European Convention does not require race- or context-blind admissions. Under Article 14 (non-discrimination) read with Article 2 of Protocol 1 (right to education), the Belgian Linguistic Case (1968) held that differential treatment is not discriminatory where it pursues a legitimate aim and is proportionate. That principle supports reasoned, contextual differentiation in admissions, while still policing arbitrary or disproportionate distinctions - which is also why a pure lottery is constitutionally awkward.
Counter-arguments and how to defeat them
Counter. Sole merit is the fairest system because it rewards effort and talent, not arbitrary traits.
Rebuttal. Identical treatment is only fair if starting points are equal, and they are not. The Sutton Trust's 18%-to-42% gap shows attainment tracks privilege; reading grades in context recalibrates the standard rather than lowering it, which is what genuine equal access (UDHR Article 26) actually requires.
Counter. Contextual admissions are reverse discrimination that undermine trust in the system.
Rebuttal. UK law disagrees: HERA 2017 s.12 makes widening access a condition of charging higher fees, and the ECHR (Belgian Linguistic Case) treats proportionate differential treatment with a legitimate aim as non-discriminatory. The standard is recalibrated, not abandoned.
Counter. If pure merit is unfair, a lottery is the honest egalitarian fix.
Rebuttal. The Netherlands prohibited its admissions lottery in 2017 precisely because it wasted talent, and only cautiously re-permitted it in 2023. A lottery removes the incentive to excel and, because privilege shapes who clears the threshold, merely re-shuffles an advantaged pool rather than dismantling inequality.
Counter. Universities should just pick the best and leave social justice to schools and government.
Rebuttal. Admissions decide who fills future elites, so they are themselves a question of legitimacy, not a neutral private transaction. Canada's Charter s.15(2) recognises this by protecting ameliorative programmes; ignoring background does not make selection apolitical, it just freezes existing advantage.
Conclusion
University admission should not be based solely on merit, but the alternative is not chance. Raw attainment measures opportunity as much as ability - independent-school pupils take about 18% of A-level places yet win roughly 42% of Oxbridge ones - and UK law already requires universities to widen access under section 12 of the Higher Education and Research Act 2017. Yet a lottery, tested and largely rejected in the Netherlands, abandons judgment and merely re-shuffles privilege. Comparative law points the same way: the US swung from Grutter to a near-total ban in SFFA, Canada protects ameliorative programmes under Charter s.15(2), and the ECHR permits proportionate differential treatment. The defensible position is merit read in context: a reformed selection that corrects for disadvantage rather than pretending it away or surrendering to the dice.
Evidence you can cite
- Independent-school pupils make up about 18% of A-level entrants but win roughly 42% of Oxbridge places, and are around seven times more likely to reach Oxbridge than comprehensive-school pupils.The Sutton Trust, 'Access to Advantage' (2018) and 'Eight schools send as many pupils to Oxbridge as three-quarters of all schools' โ source
- The Netherlands prohibited its national admissions lottery for oversubscribed (numerus fixus) courses from 2017, then cautiously re-permitted it as a selection option in 2023.Times Higher Education / Dutch legislative history (House of Representatives 14 Feb 2023, Senate 16 May 2023) โ source
- In England, universities charging higher tuition fees must hold an access and participation plan approved by the Office for Students under the Higher Education and Research Act 2017.Office for Students, Access and participation plans (statutory basis: HERA 2017 s.12) โ source
Further reading
- The Sutton Trust, Access to Advantage: The influence of schools and place on admissions to top universities (2018)
- Michael Sandel, The Tyranny of Merit (2020)
- John Rawls, A Theory of Justice (1971), on fair equality of opportunity and the difference principle
- Students for Fair Admissions, Inc. v. President and Fellows of Harvard College, 600 U.S. 181 (2023)
- Office for Students, Access and participation plans (Higher Education and Research Act 2017, s.12)