Pranab Baruah vs Banaras Hindu University, Varanasi and others

This is an unfortunate proceeding involving admission of a student in M.D. (Ayurved) Course in Banaras Hindu University.

Admittedly, provisional admission of the petitioner was decided in the meeting held on 17-7-1996. There was no complaint of petitioner''s taking in any requisite qualification. By letter dated 1-8-1996 the petitioner was informed that his provisional admission was kept in abeyance "till the clarification regarding caste certificate submitted by you is received from the main Registry of this University."

Approaching the respondents, the petitioner did not get any decision and so this writ petition was filed. Opportunity granted by this Court to the University authorities for a decision by the Admission Committee was not availed of and the matter was postponed recording that since the matter had gone into the Courts of law it is fell that the decision of the Court should be awaited: Then, this Court took up the matter for Consideration and after argument by the respective learned counsel for both the sides interim order was passed on 26-8-1996 directing the respondents to allow the petitioner to be admitted provisionally and to allow him to attend classes.

Thereafter, this Court was nominated by Hon''ble the Chief Justice and the matter came up for final disposal.

On behalf of the petitioner a supplementary affidavit has been filed described as a second supplementary affidavit slating certain relevant facts. The respondents thereafter filed a counter affidavit described as a short counter-affidavit. When the matter was taken up for the final disposal of the writ petition, parties agreed to final disposal on the existing affidavits.

On behalf of the petitioner it has been contended that by reason of the changes in circumstances during the pendency of the writ petition, nothing much has been left for decision. It has been stated that question to be decided now lies in a very narrow compass. The learned counsel for the petitioner contends that doubt initially raised by the respondents was as regards the caste certificate of the petitioner and for that reason even after provisional selection admission of the petitioner was kept in abeyance. During the pendency of the writ petition the only development was expiry of the Ordinance by which the petitioner''s caste was declared as a scheduled tribe. Thereafter, the admission of the petitioner was cancelled on 26-11-1996 for the sole reason of expiry of the aforesaid Ordinance. It is stated that admittedly an Ordinance has come into effect from 9-1 -1997 being the Constitution Scheduled Tribes Order (Amendment) Ordinance, 1997 providing for continuing the petitioner''s tribe as a scheduled tribe and all facts inspite of expiry of the earlier Ordinance had been saved.

The short counter-affidavit filed by the respondents after filing of the aforesaid second supplementary of affidavit neither has disputed the issuance of Ordinance of 1997 or has alleged any disqualification of the petitioner for the purpose of admission. The short counter-affidavit has pointed out only the technical difficulties of the nature of requisite attendance in classes and the requirements of certain regulations.

The learned counsel for the respondents also at the time of hearing mainly raised objection against petitioner admission with reference to the law laid down in the cases of Dr. Subodh Nautiyal Vs. State of U.P. and others, , State of Uttar Pradesh and others Vs. Dr. Anupam Gupta, etc., Amit Kumar Srivastava v. Kashi Vidyapith, Varanasi 1996 All LJ 711 and Vidya Nand Singh v. Banaras Hindu University, Varanasi dated 11-10-1996 in Civil Misc. Writ Petition No. 33131 of 1996. Apart from the aforesaid the only other objection was the possible inconvenience of the petitioner in completing the course in view of the fact that the petitioner could not attend all the classes and also in view of the fact that Regulation prohibits student to appear in final examination if he does not attend requisite number, of classes. Though this question has been argued but no regulation has been shown in support of such contention.

After considering the respective contentions of the parties, I find that the respondents also do not dispute the eligibility of the petitioner on any other ground except the technical difficulties as pointed out hereinabove.

The materials disclosed and the admitted facts indicate that the respondents have acted with gross irregularity in the matter of dealing with the case of the petitioner. After decision for provisional admission on 17-7-1996 the matter ought to have been processed by the respondents expeditiously as session was to commence on 1-8-1996. Surprisingly only on 1-8-1996 communication was made to the petitioner raising a doubt about the caste certificate and that too without indicating any positive ground. Even after the writ petition was moved and the court granted opportunity to the authorities to decide the matter, decision was not taken solely on the ground that the writ petition has been already filed. During the pendency of the writ petition nothing has been found against the caste certificate of the petitioner. Still then the admission of the petitioner was cancelled on the sale ground that the Ordinance making the petitioner''s tribe a scheduled tribe expired on 21-8-1996 which is admittedly a date much after the date of the commencement of the session. Apparently, admission under the order of the Court following a provisional admission decided on 17-7-1996 for a course which was to commence on 1-9-1996 could not be cancelled on the ground of expiry of the Ordinance on 21-8-1996. Even after the subsequent Ordinance came into force on 9-1-1997 and the petitioner approached the respondents for allowing him to continue to attend the classes his request was not responded by the respondents. Such conduct of the respondent University authorities in respect of admission of a student duly qualified for admission lacks justification and is dcprecable.

With regard to the law referred to by the respondents as decided in the various cases mentioned hereinabove, I find that the same does not apply in the present case where admission was decided by the appropriate authority itself and the same was kept in abeyance without any sufficient reason compelling the petitioner to obtain a relief of admission by an interim order from the Court of law and apparently the subsequent ground for cancellation of admission of the petitioner is totally on non-existent basis. In such facts, the law decided in the aforesaid case does not apply.

With regard to the objection of the respondents as regards technical ground of violation of the regulations I find that no such provision contained in any Regulation has been shown to the Court at any stage. Moreover, in the facts of the present case when the petitioner could not attend some of the classes for a short period solely by reason of illegal and unreasonable conduct of the respondents, the respondent authorities ought to allow the petitioner to complete the course providing him opportunity and if required by allowing him to attend extra classes. The respondents cannot deprive the petitioner any benefit on the ground of his not attending classes during the period he was not being allowed by the respondents to attend classes. In such circumstance, the requisite percentage of attendance is to be calculated on the basis of the classes petitioner was allowed to attend and not the total number of classes in the session.

Therefore, the writ petition is allowed. The impugned order dated 26-11-1996 cancelling the admission of the petitioner is hereby quashed. The respondents are directed to allow the petitioner to continue and complete the course allowing him all benefits available to him under the law and also providing him opportunity for making up the deficits in attending requisite number of classes during the period the petitioner was not allowed to attend his classes.

Petition allowed.