2020 Supreme(All) 625

IN THE HIGH COURT OF ALLAHABAD
Siddhartha Varma, J.
Snehil Singh - Petitioner
Versus
Union of India And Ors. - Respondents
WRIT - C No. – 26939, 26808 of 2017
Decided On : 05-05-2020

Point of Law:
Rules/Regulations/Notifications of the University and also of the University Grants Commission, then there was nothing illegal in the admission. The University and the University Grants Commission both were bound by their Resolutions and Notifications. In fact they were estopped from digressing from their earlier stands. The petitioners had taken admission on the promise of the University that they would be allowed to continue with their D.Phil courses after they had got the requisite number of Cumulative Grade Points Average which had to be more than 6 and, therefore, the University was bound to give admission as per their notification dated 6.8.2011 which was never in effect rescinded or superseded. The University Grants Commission also by its notification dated 5.5.2016 (specially Clause 12.1) had very categorically stated that such candidates who were registered for programmes on or after 11.7.2009 but before the notification of 5.5.2016 would continue to be governed by the provisions of the 2009 Regulations.

Headnote:

University Grants Commission Act, 1956 – Sections 2, 3 – Admission – Petitioners, in these petitions, had taken admission and thereafter had commenced their study of course of Graduation-cum-D.Phil. and had thereafter completed their 10th Semester – When instead of admitting petitioners to D.Phil. courses, they were being directed to take Combined Research Entrance Test-2017 by which they were required to take an admission test for admission to D.Phil. course in Globalization and Development Studies, then present writ petitions were filed praying that petitioners be granted admission in D.Phil courses in the terms of admission which was granted to them in year 2012 – Held, Petitioners had taken admission on promise of University that they would be allowed to continue with their D.Phil courses after they had got requisite number of Cumulative Grade Points Average which had to be more than 6 and, therefore, University was bound to give admission as per their notification which was never in effect rescinded or superseded – University Grants Commission also by its notification had very categorically stated that such candidates who were registered for programmes on or after 11.7.2009 but before notification of 5.5.2016 would continue to be governed by provisions of 2009 Regulations – Petitioners would be entitled for admission to D.Phil courses – Petitioners may now be admitted in course forthwith – Writ Petitions Allowed (Paras 9, 10, 11)

Facts of the case:

Petitions have submitted that the Academic Council of the University of Allahabad had introduced for the first time a course in the name of Globalization and Development Studies and the Council had resolved that the Degree of Philosophy in Globalization and Development Studies could be taken through a programme of Bachelor/D.Phil. dual degree integrated programme. They have submitted that it was also resolved in the Academic Council meet on 6.8.2011 that the course would start from the Academic Session 2012-13 and would end with the grant of D.Phil. Thereafter the University of Allahabad also issued various brochures and informed the public at large that the Graduation-cum-D.Phil. programme could be pursued by students. The petitioners in both the writ petitions applied for admission and also after being admitted deposited their fee. They were admitted on 17.8.2012. From time to time the Academic Council used to assemble and decide as to in what time frame the course would be completed and as to what would be the fee structure etc.. The last resolution, with regard to the fee structure, of the Academic Council of the University of Allahabad was passed.

Findings of the court:

Petitioners had taken admission on promise of University that they would be allowed to continue with their D.Phil courses after they had got requisite number of Cumulative Grade Points Average which had to be more than 6 and, therefore, University was bound to give admission as per their notification which was never in effect rescinded or superseded – University Grants Commission also by its notification had very categorically stated that such candidates who were registered for programmes on or after 11.7.2009 but before notification of 5.5.2016 would continue to be governed by provisions of 2009 Regulations – Petitioners would be entitled for admission to D.Phil courses – Petitioners may now be admitted in course forthwith.

Result: Writ Petitions Allowed