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2001 Supreme(HP) 160

High Court Of Himachal Pradesh
C.K.THAKKER,K.C.SOOD
ROHIT SHARMA - Appellant
Versus
H.P.UNIVERSITY - Respondent
W.P. Nos. 995 of 2000 and 14 of 2001
Decided On : 07/20/2001

Advocates Appeared:
In CWP No. 995 of 2000 :Mr. R.K. Gautam, Advocate, for the Petitioner; Mr. S.S. Mittal, Advocate, for the Respondents No. 1 and 2; Mr. M.L. Chauhan, Deputy A.G.,for the Respondent No. 3. In CWP No. 14 of 2001:Mr. Dinesh Bhanot, Advocate, for the Petitioner; Mr. S.S. Mittal, Advocate, for the Respondents.

The decision of the University in rejecting the candidature of the petitioners was found to be arbitrary, bereft of any objective assessment of the subject(s) and not based on any intelligible rationale.

Headnote:

Admission - B.Ed. Course - [ELECTRONICS] - [Admission to B.Ed. Course] - [Para 4 of the Brochure, details the subject combination in Qualifying Examination] - The court quashed the decision of the University rejecting the candidates' admission and directed the University to consider the candidates sympathetically for admission to the B.Ed. Course (Non-Medical Group) for the academic Session 2001-2002.

Fact of the Case:

The petitioners applied for admission to the B.Ed. Course (Non-Medical Group) under the heading 'B.Sc. pass course with Physics/Chemistry and Mathematics with 'Electronic Science' as vocational subject. The University rejected their candidature without disclosing reasons.

Finding of the Court:

The court found the decision of the University to be arbitrary, bereft of any objective assessment of the subject(s) and not based on any intelligible rationale. The court quashed the decision and directed the University to consider the candidates sympathetically for admission to the B.Ed. Course (Non-Medical Group) for the academic Session 2001-2002.

Issues: The main issue was whether the action of the University in rejecting the candidature of the petitioners for the B.Ed. Course was illegal, unjustified and not in accordance with law.

Ratio Decidendi: The court held that the decision of the University was arbitrary, bereft of any objective assessment of the subject(s) and not based on any intelligible rationale. The court directed the University to consider the candidates sympathetically for admission to the B.Ed. Course (Non-Medical Group) for the academic Session 2001-2002.

Final Decision: The court quashed the decision of the University rejecting the candidates' admission and directed the University to consider the candidates sympathetically for admission to the B.Ed. Course (Non-Medical Group) for the academic Session 2001-2002.

JUDGMENT

Kuldip Chand Sood, J.—We propose to dispose of these two writ petitions by this judgment as the questions involved in both the writ petitions are same and arise out of similar action of the respondent H.P. University (University for short).

2. For the purpose of disposal of these writ petitions, facts from Rohit Sharmas petition may be noticed:

3. The respondent-University advertised and published a Brochure "Hand Book of Information" for admissions to the Course of B.Ed, for the Session 2000-2001. The application forms were to be submitted on or before April 17, 2000. The entrance test was to be held on May 28, 2000. The results were to be declared on July 1, 2000. The counseling, according to the Brochure, was to take place from July 15, 2000 to July 19, 2000. The case of the petitioner(s) is :

4. Applications for admission to the B.Ed. Course were invited from the candidates who had passed their graduation with 45% marks or above (in case of candidates from Scheduled Caste/Scheduled Tribe categories, 40% or above). The academic eligibility for candidates from non-medical category was B.Sc. pass course with physics, Chemistry and Mathematics OR B.Sc. Honours in Physics with Chemistry and Mathematics as subsidiary subjects OR B.Sc. Honours in Chemistry with Physics and Mathematics as subsidiary subject OR B.Sc. pass course with physics/Chemistry, Mathematics and one of the vocational subjects (emphasis supplied). Appendix-I of the Brochure (Ann. PP) details the list of vocational Subjects. "Electronic Science" finds mention at Sr. No. 36 of the Appendix-I.

5. Both the petitioners herein, applied for the admission to the B.Ed. Course (Non-Medical Group) under the heading "B.Sc. pass course with Physics/Chemistry and Mathematics with "Electronic Science" as vocational subject.

6. Rohit Sharma sought admission to the course under the category of ward of Ex-serviceman (WES).

7. It is the case of this petitioner that though no specific quota was mentioned for this category in the Handbook of Information, however, to his knowledge, fourteen seats were reserved for the candidates belonging to the category of WES.

8. The petitioners appeared in the written test and qualified the same. They were called for counseling for June 29, 2000 itself. The final result was declared on July 26, 2000 which was published in the Newspaper. The petitioners were declared successful having secured 77 marks. Successful candidates, including petitioners, were required to report in the Government Education Institution, Dharamshala on or before July 31, 2000 alongwith all their "basic certificates/testimonials.

9. According to the petitioners, they reported with the Government College of Teachers Education, Dharamshala on July 31, 2000 alongwith the requisite certificates/testimonials but were told by the authorities that their candidature stands rejected without disclosing them the reasons.

10. The petitioners Rohit Sharma and Vikas Jain approached the University on August 1, 2000 and August 16, 2000, respectively, and made a representation(s), in writing, that the Principal of the concerned College at Dharamshala may be directed to admit the petitioners as they had been selected for admission to the B.Ed. Course. A note was appended on the representation filed by the petitioner Rohit Sharma to the effect that his application form was rejected for the reasons: "(i) WES Certificate was not appropriate; (ii) Electronics was not in the list of Vocational subjects according to the list of Vocational subjects according to the list in the HBI, page 17. It may please be clarified that Electronics may be considered as Electronic Science. If it is so, the candidate may be considered under payment seats."

11. This note was given by Chairman of the Department of Education and addressed to the Dean of Studies. The Dean of Studies of the H.P. University clarified by his note "Electronics" may be considered as "Electronic Science" (Annexure-PF).

12. To the similar effec




































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