VINOD KUMAR SINGH Vs. BANARAS HINDU UNIVERSITY

JUDGEMENT

(1.) Special leave granted.

(2.) Appellant passed Bachelor's examination in law from the Banaras Hindu University securing 54.4% marks and was placed in the second division. He applied for admission in the Master's Course in Law in the academic session 1979/80. The University had prescribed a minimum of 55% marks on the average of three years of the degree course as the qualifying requirement. Appellant claimed weightage on the basis that members of his family had donated lands and houses to the University and cited the case of Shri Anant Narain Singh as a precedent. As he failed to secure admission, he again applied for taking admission in the academic session 1983-84 but was not granted admission. Ultimately he filed a writ petition before the Allahabad High Court. On 28-7-1986 the said writ petition was taken up for hearing by a Division Bench and when hearing was concluded, judgment was dictated in open Court allowing the writ petition and direction to the University to admit the petitioner was ordered. The appellant applied for certified copy of the judgment but was told that the matter was again in the hearing list and would be heard afresh. The matter continued to appear in the hearing list from September, 1985 till 5-2-1987 when the particular Division Bench which had heard the matter released the case to be taken up by another Bench. On 23rd of March, 1987, the writ petition was dismissed by the new Division Bench.

(3.) Two contentions have been raised before us. It is maintained that once the judgment was delivered in open Court it became operative and could not be changed. The dismissal of the writ petition after it had been once allowed was, therefore, without jurisdiction; it was also contended that on the facts of the case the appellant should have been given admission.