Admission to a college course must be done in accordance with the norms of number of seats and merit, and the admission committee must follow the proper procedure.

( 1 ) BY means of this writ petition under Art. 226 of the Constitution of India, the petitioners have sought the quashing of office order dt. 2/03/1989 of Principal, Udai Pratap College, Varanasi and the communication dated 7/03/1989 issued on its basis by the Head of the Department of Animal Husbandry and Dairying, Udai Pratap College, Varanasi, to the effect that it was not possible for the department to allow the petitioners to study in the classes as their admission was not in order and had not been entertained by the Principal. The petitioners have further prayed to issue a mandamus directing the respondents not to interfere with the studies and with the appearing of the petitioners in M. Sc. (Ag.) Ist year examination of 1988-89.

( 2 ) COUNTER-AFFIDAVIT and rejoinder-affidavit have been exchanged. The petition is being disposed of finally at the admission stage.

( 3 ) PURVANCHAL University, Jaunpur, to which Udai Pratap College, Varanasi (hereinafter to be referred as the college) is affiliated, by the letter dated 16th/ 18/09/1972, granted formal permission to the college to enroll students in M. Sc. (Agriculture) Part I from July, 1973 fixing the ceiling of 15 students in each Department, namely, Economics, Horticulture and Animal Husbandary and Dairying. The college, keeping in view its resources, admitted six students in Animal Husbandary and Dairying Department up to 1978 and on the increased availability of resources, the Management decided to admit two more candidates with effect from 1979 onwards.

( 4 ) THE Admission Committee constituted under the Rules as amended on 31/07/1986 (Annexure VI to the Counter-affidavit of Principal) for admission of the students for M. Sc. (Ag.) Part I, for the session 1988-89 consisting of the three Heads of Department under M. Sc. (Ag.) met on 23/09/1988 and recommended eight candidates for Animal Husbandary and Dairying Department along with a waiting list, prepared in accordance with merits and it was duly notified on 26/09/1988. Petitioner No. 2 Inder Sen Singh was placed at serial No. 8 in waiting list (Annexure III to the counter-affidavit ). Petitioner No. 1 Sanjai Kumar Singh was not included in the waiting list because of his low percentage of marks. In the middle of session the respondent No. 3 the Head of the Department, animal Husbandary and Dairying of the College issued following notice dated 2/01/1988 (Annexure I to the writ petition):-"two more admissions are to be done in M. Sc. Ag. I (Animal Husbandary and Dairying ). Only those candidates are eligible for admission who have applied this year (1988-89 ). Those desirous of admission should contact the undersigned up to 7/01/1989 by 10 a. m. The admissions will be made strictly on merit out of those present on 7/01/1989 at 10 a. m. "the petitioners in response of the aforesaid notice claimed to have submitted admission forms and deposited tution fee in the college on 7/01/1989.

( 5 ) THE Principal of the College, by letter dated 18/ 19/01/1989 (Annexure XI to the Counter-affidavit of Principal) warned the three Heads of the Department of Agriculture Faculty not to flout the usual norm of number of seats and the merit of the student to make out of the way of admission and sent the copy of the letter to the Office Superintendent of the College, to screen out the cases, if any, while forwarding forms to the University. By letter dated 7/02/1989, the Principal of the College, returned the original forms of the petitioners to Sri S. R. Singh, Head of the Department of Animal Husbandary and Dairying as the admission had been done by passing the usual norm of number of seats and merit and were extremely irregular and incorrect. Sri S. R. Singh wrote to the Principal that 15 seats have been allowed by the University, but initially the admission of six students was made which was increased to eight in the light of increased facilities available in the Department and after the lapse of several years more fac