Point of Law – “In interpreting a statute even handedness will not discharge against a public statute of broad spectrum policy in cases admitted to fall within the statute and it is the responsibility of the Court to give effect to the legislative intent."

JUDGMENT :

1. Heard Mr. Sanjeev Singh and Mr. Suresh Bahadur Singh, learned counsel for the petitioners, Mr. Rohit Pandey, learned counsel for the respondent-University and Dr. Amar Nath Singh, learned Standing Counsel for the State-respondents.

2. Primarily this writ petition has been filed by the petitioners for the ensuing relief:

“(a). Issue a writ, order or direction in the nature of certiorari calling for the records and quashing the impugned decision dated 15.01.2021 taken by the High Level Deans Advisory Committee as well as the impugned notification dated 16.01.2021 issued by the respondent nos. 2 and 3 (Annexure No. 7 to the writ petition);

(b). Issue a writ order or direction in the nature of mandamus commanding the respondent University to allow the petitioners to continue with their Ph.D. Course Programme in view of their admissions already granted;

(c). to issue such other and further appropriate writ, order or direction which this Hon'ble Court may deem fit and proper under the facts and circumstances of the case;

(d). to award the cost of petition in favour of the petitioner.”

3. Consequently, an amendment application has been filed on behalf of the petitioners in the contemporaneous writ petition for pursuing auxiliary relief, on which following order was passed by the Court on 5th August, 2021:-

“Re: C.M. Amendment Application No.02 of 2021

Heard.

Amendment application is allowed.

Learned counsel for the petitioners is directed to carry out necessary amendment within three days.

Re: Writ Petition

As per the amendment, vires of Clause 3.1 (b) of Deen Dayal Upadhyay, Gorakhpur University Research Ordinance, 2018 (Minimum Criteria and Procedure for Research Degree-P.hd.) has been challenged, learned counsel for University as well as learned Standing Counsel representing the State are granted three weeks' time to file counter affidavit. Rejoinder affidavit, if any, may be filed within one week thereafter. List this matter after four weeks.”

Pursuant to the above order, learned counsel for the petitioners has sought following prayer:

“ia). to issue a writ, order or direction that Clause 3.1 (b) of Deen Dayal Upadhyaya Gorakhpur University Research Ordinance, 2018 (Minimum Criteria and Procedure for Research Degree Ph.D) be declared, as ultra-vires and for the same reasons, be quashed only to the extent that it prescribes the minimum marks of second division under graduate degree for becoming eligible to qualify admission to its Ph.D. Course (Annexure-8 to the writ petition).”

4. As the rudimentary realities and the permissible facets intricate are indistinguishable in both the writ petitions, they have been amalgamated and heard together and are being decided by this conjoint verdict. The particulars chronicled in Writ C No.4529 of 2021 (Ms. Suneeta Bharti and 3 Others Versus State Of U.P. And 2 Others) are being canned to be the leading case.

5. According to the petitioners, the realistic milieu of the case is as follows:

Petitioners belong to District Gorakhpur. They being prospective candidates were pursuing admission in Pre-Ph.D. Course for the Session 2019-2020 of which advertisement/news item was issued by the Deen Dayal Upadhyay University, Gorakhpur (for short “respondent-University”). The said news item/advertisement contained the broad-spectrum rules and directives issued by the University with regard to the Research Eligibility Test (RET) for the session 2018-2019, in which some conditions existed for the Session 2019-2020 as well. The said general rule and instructions were issued in light of the Ordinance-2018 issued by the respondent-University orchestrated under its first Statutes. The said general rules and instructions also enclosed the examination schedule for the Pre Ph.D. course for which, time schedule for online application being filled up, was from 4th January, 2019 and the same was to come to an end on 25th January, 2019. The examination was to be held in the second and third week of month of February, 201