Educational institutions have the inherent right to refuse admission to undesirable candidates, even in the absence of a relevant rule or regulation.

1. Deva Singh petitioner seeks a direction from this Court under Articles 226 and 227 of the Constitution annulling the communication of respondent No.2, who is the Head of the Department of Economics in the first respondent University, dated August 31, 1970 (Annexure a tot he writ petition ). Whereby the petitioner was informed that this provisional admission to the M. A. Economics Course could not be made regular and the petitioner could, therefore, apply for the refund of the fees deposited by him. The facts leading to the filing of this petition which are gathered from the various affidavits are gathered from the various affidavits filed by the petitioner as well as the respondent may first be noticed.

2. The petitioner was a B. Sc. (Honours) student in the Kurukshetra University, but could not take that examination in April, 1967, as he ran short of the minimum number of lectures entitling him to appear in the examination. In a situation like this, the relevant regulations of the University permitted him to join, as a casual student, the three terms of the next session, i. e. , July to September , October to December, 1967,, and January to April , 1968. He joined and completed his courses in the first two terms ending on December 31, 1967. Before he could join January to April, 1968, term (the third term), there was a strike in the University in January, 1968. It is alleged that the petitioner took part in the activities of the strikers which had become violent. The question of taking disciplinary action against the students who were alleged to have turned violent was taken up, and decided by the Academic Council of the University on January 11, 1968. A copy of the relevant extract from the proceedings of the abovementioned meeting of the Academic Council has been placed on the record of this case as annexure to the affidavit of respondent No.2, dated September 28, 1970. Those minutes of the Councils meeting read as follows:-

"the Vice-Chancellor gave the back-ground of the demand of students for the abolition of the Internal Assessment system in the University. The students of the Government College, Kurukshetra, had on the 8th January, 1968, gone on strike without any prior notice. One of their demands was the abolition of the Internal Assessment. The Vice-Chancellor had, through the Principal , Government College, assured the students that the matter was already under consideration of the University and it was likely to be considered in the next meeting of the Academic Council to be held on the 18th January, 1968. The students continued the strike. On the 9th January, 1968, on their appeal, the Supreme Council of the Kurukshetra University Students Union also gave a call for the entire student-leaders were invited to a meeting of the Board of Residence, Health and Discipline where they stated that although the abolition of the Internal Assessment was their main demand yet they would continue the strike even if the University decided to abolish it. on the 10th January, 1968. The students agitation turned violent. They tried to break open the door of the Common Room in the Arts Faculty Building, where a lecture by Dr. W. Robert Holmes, Director, United States Educational Foundation, New Delhi, was being held. In view of the violent nature of the students demonstration, the lecture had to be ended abruptly and the Chief Guest had to be escorted out of the building. In the evening, the Vice-Chancellor called a meeting of the Heads of the Departments and Principals of the Colleges to consider the question of abolition of the Internal Assessment Scheme. This meeting was also informed of the two letters received from the University Co-operative Store and Bookshop in which they had intimated that the students had decided to ransack the Shopping Centre. This meeting advises the Vice-Chancellor to take immediate steps to seek police protection to ensure safety of life and property in the University campus. It was further