Back
HIGH COURT OF ALLAHABAD
A.N.Varma, V.K.Khanna
ACHCHEY LAL
Versus
VICE CHANCELLOR GORAKHPUR UNIVERSITY
Decided On : 09 June 1984
Civil Misc. Writ Petn. No. 4380 and Civil Misc. Writ No. 11116 of 1983
ADMISSION - UNIVERSITY - AFFILIATED COLLEGE - ADMISSION TO B. SC. (AGRICULTURE) PART I COURSE - ADMISSIONS MADE BY PRINCIPALS IN DISREGARD OF CRITERIA LAID DOWN BY ADMISSIONS COMMITTEE OF UNIVERSITY - UNIVERSITY NOT ESTOPPED FROM DISALLOWING PETITIONERS FROM APPEARING AT EXAMINATION - PETITIONERS' ADMISSIONS MADE IN CONTRAVENTION OF SECTION 28 OF U. P. STATE UNIVERSITIES ACT - SECTION 28 (4) AND (6) OF U. P. STATE UNIVERSITIES ACT - INTERPRETATION.
Fact of the Case:
Petitioners claimed that they were validly admitted to B. Sc. (Agriculture) Part I course for the academic session 1982-83 by Tilakdhari Post Graduate College, Jaunpur, but were illegally refused permission by Gorakhpur University to appear at the examination. The University received a complaint that the permanent and officiating principals of the college had admitted 360 students in total, disregarding the criteria and norms laid down by the Admissions Committee. An enquiry committee was appointed, which found that both principals had admitted students without regard to the criteria and norms, and that 360 students had been admitted instead of the sanctioned limit of 180.
Finding of the Court:
The court held that the admissions made by the principals were in breach/disregard of the criteria prescribed by the Admissions Committee of the University and the number of students admitted exceeded the prescribed limit of 180. Therefore, the University was well within its right to not permit the petitioners to take up the examination, as their admissions were made in contravention of the criteria prescribed by the Admissions Committee of the University.
Issues: 1. Whether the University was estopped from disallowing the petitioners from appearing at the examination in pursuance of the admissions granted to them by the two principals prior to the preparation of the final list by Dr. P. K. Singh? 2. Whether the petitioners' admissions were made in contravention of Section 28 of the U. P. State Universities Act?
Ratio Decidendi: 1. The court held that there can be no estoppel against law, particularly where the legislative mandate is so clear and emphatic, namely, that no one admitted in contravention of the provisions of Section 28 shall be permitted to appear at the examination. 2. The court interpreted Section 28 (4) and (6) of the U. P. State Universities Act and held that the affiliated colleges are bound by the directions issued by the Admissions Committee of the University and are not free agents in the matter of admissions. The court further held that the admissions made by the principals were in contravention of Section 28 of the Act, as they were made in disregard/breach of the criteria prescribed by the Admissions Committee of the University.
Final Decision: The petition was dismissed, and the court made no order as to costs.
These two petitions are being disposed of by a common judgment as the controversy involved therein is the same. The petitioners claim that they were validly admitted by the Tilakdhari Post Graduate College, Jaunpur to the B. Sc. (Agriculture) Part I course for the academic session 1982-83, but they were illegally refused by the Gorakhpur University, to which the said College was affiliated, permission to appear at the B. Sc. (Agriculture) Part I Examination, beginning from April 9, 1983. Writ Petition No. 4380 of 1983 was filed on April 7, 1983 and under an interim order of this Court, the petitioners of that petition were provisionally permitted to appear at the said examination. The petitioners of Writ Petition No. 11116 of 1983, on the other hand, appeared at the said examination on the strength of an injunction order issued in a suit filed by them for a mandatory injunction commanding the University and the College to allow the petitioners to appear at the said examination.
2. Writ Petition No. 4380 of 1983 was initially filed by 172 petitioners but subsequently an application was moved whereby 134 petitioners got the petition dismissed as not pressed. The remaining 38 petitioners have, however, pressed this petition on merits. The other petition, namely, Writ Petition No. 11116 of 1983 has been filed by 18 petitioners in September 1983 after they got their suit dismissed as withdrawn.
3. When this petition came up for hearing, we directed the University to inform the Court as to how many out of these petitioners had passed the examination at which they were permitted to appear under orders of stay granted by this Court and the injunction issued by the Civil Court. In pursuance of that direction, the Gorakhpur University filed a supplementary affidavit stating that in the batch of petitioners of Writ Petition No. 4380 of 1983 only one petitioner out of 38 passed the examination. The rest have failed. In the other petition No. 11116 of 1983 out of 18 only 3 have passed, the remaining having failed.
4. The relevant facts as we have been able to cull out from the various affidavits and the original record produced by the University pertaining to the admissions made by this College for the B. Sc. (Agriculture) Part I Course are that one Dr. P. K. Singh was the permanent principal of the College. He was placed under suspension from August 16, 1982 to August 26, 1982. During his absence Sri R. N. Singh officiated as the principal up to September 3, 1982. On August 25, 1982 Sri R. N. Singh finalized the list of admission of 180 candidates with the help of the Admissions Committee of the College with Sri N. K. Singh as its convenor. In pursuance of this list, admissions were made between August 30, 1982 and September 9, 1982. Dr. P. K. Singh rejoined on September 4, 1982. He appears to have prepared another list of 169 students for admission to the aforesaid Course. Subsequently, he admitted some more students as a result of which the number of the students admitted by him rose to 180. The petitioners of Writ Petition No. 4380 of 1983 are those who were admitted by Sri R. N. Singh, while the petitioners of Writ Petition No. 11116 of 1983 are from the list of 180 students admitted by Dr. P. K. Singh. The petitioners assert that in pursuance of the admissions made by the two principals they deposited admission fee as well as other fees and they regularly attended both the practical and theory classes. They further assert that they had also duly deposited the examination fee which the College, in its turn, remitted to the University in December, 1982.
5. Admissions to various courses of studies in the University and affiliated College are regulated by Section 28 of the U. P. State Universities Act. Under that provision the Admissions Committee of the University lays down the norms for admission and issues directions as respects the criteria or methods of admissions to the various affiliated colleges in the matter of a
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
