2000 Supreme(Del) 135

High Court Of Delhi
GUNJAN - Appellant
Versus
UNION OF INDIA - Respondent
Civil Writ 5213 of 1999
Decided On : 02/07/2000

Headnote:Education - Admission to NDA — Procedure — Preparation of five lists proposed in advertisement but only three lists prepared — Such procedure being not contrary to law or principle of law is not illegal.

       Held:

       No doubt in the advertisement it was stated the five lists should be prepared namely that of Army, Navy, Air Force, Navy Academy and one list for Army and Navy. Ultimately the list circulated are three namely that of Army, Navy and Air Force. In fact, 28 candidates are given admission in the Naval Academy also. therefore, if ultimately three lists are prepared, the action of the Respondents cannot be treated as bad in law. No provision of law or principle of law was how which could term such section to be illegal. It may only be remarked that the Respondent authorities should be careful in drawing such lists and giving admission to the candidates in such a prestigious course. Mush has been said about the procedure adopted by the Respondents in LPA No. 241/99 by the Division Bench in its judgment. By the time that judgment came the examination for 102nd course was also over and results were out. It is therefore, expected that the Respondents would learn from the experience in these two cases and put their house in order. The advertisement and brochures which the Respondents would issue for entry to subsequent courses of NDA would be carefully worded so that there is no scope of any doubt and the candidates are not given the feeling of false hopes. The proper care should be taken formulating the procedure for admitting the candidates in NDA courses at the the of issue of advertisement itself so that there is no necessity for issuing corrigendum after the examination take place to avoid unnecessary litigation. Moreover, at the time when the final results are declared and the merit list is prepared Respondents should undertake the exercise of ascertaining the actual number of seats which are to be filled for particular course so that this number is indicated in the rather than reoducing the number of seats later on after reflecting the same in the merit list. Alternatively, it would be better to give the approximate number while declaring the results with stipulation that such a number can be changed. These are some of the points which come in my mind as a result of these cases and, thereforee, some suggestion are noted here. Otherwise, I leave it to the Respondents to evolve proper procedure as the deem fill with this objective in mind that the litigation as a result of their examination process is avoided.

       Admission to NDA — Restriction on admission — Policy of management for reducing the number of vacancies on account of change in policy — Change due to administrative exigencies cannot be said to be arbitrary.

       The Respondents can reduce the number of vacancies and since that is permissible a successful candidate cannot always sement itself so that there is no necessity of Issuing corrigendum after the examination take place, to avoid unnecessary litigation. Moreover, at the time when the final results are declared and the merit list is prepared Respondents should undertake the exercise of ascertaining the actual number of seats which are to be filled for particular course so that this number is indicated in the list rather than reducing the number of seats later on, after reflecting the same in the merit list. Alternatively, it would be better to give the approximate number while declaring the results with stipulation that such a number can be changed. These are some of the points which come in my mind as a examination etc. No doubt, the lines appearing in brochure give some hopes to the aspirants that they would secure admission to NDA course once they clear Entrance/Written Examination. However, the same would always be subject to the number of seats available with the Respondents. This fact is clarified in the advertisement itself stating that success in the examination confers no right of admission to the academy.

       245 candidates were taken for the Army, Navy and Air Force and 28 vacancies for Naval Academy. If the Respondents decide to take 245 candidates in a particular court keeping in view the resources available, then such a decision of the Respondents, actuated by administrative exigencies, cannot be dubbed as arbitrary. It is a common case of the parties that NDA course is one of the most prestigious course and high standards of imparting the course/training are to be maintained by the Respondents. Candidates are inducting into this course at young age and aspirations from such recruits, after they complete their training, are very high. Those graduating from NDA course are hoped to be the cream of the discipline to which they are inducted namely Air Force, Navy, Army, Naval Academy as the case may be. thereforee, if Respondents authorities who have to impart the training to such recruits, decide in their wisdom, to restrict the admission to particular number, after taking into account the left over inductees of the past course and/or the resources available, this court cannot interfere with such wisdom of the Respondents authorities and direct the Respondents to admit more candidates then the number which according to Respondents is proper and reasonable.