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Rajasthan High Court
Verma C.J. and Bapna, J.
Deonarain - Appellant
Versus
Principal, Jaswant College, Jodhpur. - Respondents
D.B. Miscellaneous Civil Application No. 5 of 1949
Decided On : January 25, 1950
The power of the High Court under section 28 of the Ordinance to issue orders in the nature of the writ of mandamus is restricted to the enforcement of such rights as are given by any law for the time being in force. This provision, however, does not lay down the mode and circumstances in which the said power can be exercised and for this matter the provisions of section 45 of the Specific Relief Act have to be looked into for guidancs. (para 29)
The principal of a recognised college is bound to comply with the directions given by the University and to demand neither better nor worse qualifications than those laid down by the University for the admission of the students to the college. As head of the institution he no doubt is responsible for the internal administration of the college and for that purpose he may frame any rules for admission to the college ensuring internal administration and maintenance of proper discipline in the college, and if he has reasons to believe that the admission of a particular student would lead to indiscipline in the college he may refuse admission, but it is his duty to run the affairs in a manner which would give satisfaction to the University that the rules laid down by the University requiring facilities for instructions in the several branches of learning at any affiliated college are not set at naught by a refusal of the principal to admit students at his sweet will, (paras 40 and 42).
In pursuance of his duty to secure suitable organization and proper conduct of the affairs of the college it is within the discretion of the principal of a college affiliated to the Rajasthan University to frame such rules as would enable him to find out the number of students seeking admission to each class. (para 57).
Where a public officer has a discretion to exercise the duty is to exercise the discretion conscientiously. If hie, without cause or justification refuses to do so the Court will interfere. (para 59) A.I.R. 1923 P. C. 138 Followed.
Applications for admission to the Jaswant College Jodhpur are to be accompanied by a declaration signed by [the parent or guardian of the student seeking admission. The principal as head of the institution acts within his rights in demanding compliance with this rule. (paras 67, 69 and 70).
Legal remedy includes any remedy given by law and is not confined to a legal remedy enforceable in a court of law. (para 84).
2. The petitioner, Deonarain Vyas, was a student of the Jaswant College, Jodhpur, in the session 1948-1949 and appeared at the M. A. previous Examination of the Rajputana University in 1949 held in March in History and was declared successful. The College reopened after the summer vacation in July, 1949, and Deonarain made an application, Ex. 20 on the 6th of August, 1949, for admission in the M. A. Final Class in History. The application was on a printed form supplied by the College, and the following particulars among others, were required to be stated:—
No. 2 Name of Father.
No. 3 Occupation, monthly income and address of father.
No. 4 Name of Guardian.
No. 5 Occupation, monthly income and address of guardian.
No. 6 Name, address and relationship with the person with whom the applicant proposes to live in Jodhpur.
No. 7 Permanent addres.
Certain declarations were also required to be filled in, one of them being by Parent or Guardian as under:—
"In the event of my son/daughter/ward (name) being admitted to the Jaswant College Jodhpur, I hold myself responsible for his/her conduct in and outside college and for the payment of his/her fees and other dues."
3. The petitioner, while filling his form, mentioned against the aforesaid columns as under:—
2. Jainarain Vyas.
3. Nothing.
4. Jainarain Vyas.
5. Nil.
6. Jainarain Vyas.
7. C/o Jainarain Vyas, Jaswant Sarai Building, Jodhpur,
and the declaration meant to be signed by Parent or Guardian was signed by Deonarain himself as under: —
Deonarain for Parent or Guardian.
4. Dr. Y. Bhardwaj, Principal of the College, was of opinion that the signing of the declaration by Deonarain himself on behalf of his father was irregular and he gave a remark on the form, purporting to say that Deonarain should get the signature of his father as according to the procedure of admission, his father must be taken to be his guardian.
5. It appears that a few days later, there was some oral discussion between the Principal and Deonarain on the same subject without any fruitful result and the Principal wrote the following letter to Deonarain (Ex. A) on the 16th of August, 1949:—
As required in the application form for admission, it is necessary that you shold have the signature of your father at the place meant for the signature of the father or guardian. Since you did not get it done and you refused to be under any guardian, I am sorry, I find it difficult to admit you in the absence of any guardian who may give a declaration for being responsible for your conduct in and outside the College and for payment of your dues, as provided for in the admission form."
6. It is alleged that the petitioner informed the Principal that his father was away from Jodhpur in connection with certain political activities but that he was willing to get the required declaration signed by his maternal uncle or other relation but the Principal declined to accept any body elses declaration.
7. The petitioner further alleged that he approached the Commissioner, Jodhpur Division, for intercession on his behalf. Dr. Bhardwaj was then away from Jodhpur and Mr. Deenanath Bhargava, Professor of English, was carrying on for the Principal, and, as a result of some telephonic conversation between the Commissioner and Mr. Deenanath Bhargava, the latter accepted the declaiation of one Mr. Kis-toor Chand Purohit, maternal uncle of the petitioner, and ordered admission of Mr. Deonarain to the M. A. Final Class in History on 5.9.49, and he began to attend the classes. Before Mr. Deonarain could, however, deposit the tuition and other fees, Dr. Bhardwaj returned to Jodhpur, and on an application by Deonarain to direct the office to accept his fees, Dr. Bhardwaj wrote as follows on 12.9.49: —
"I shall accept your admission form only when you get your fathers signature thereon or of another person authorised by your father in writing."
8. The Principal received a telegram on th
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