BANGALORE UNIVERSITY Vs. ST JOHNS MEDICAL COLLEGE

JUDGEMENT

(1.) This writ appeal is presented by the Bangalore University aggrieved by the final order made by a single judge in W.P.No.639 of 1979 declaring an ordinance made by the Syndicate of the University, empowering the Vice-Chancellor to issue a direction to any affiliated college to admit an eligible candidate to any course if, in his opinion, admission was unjustly denied notwithstanding the availability of a seat within the sanctioned intake, as also an order made thereunder.

(2.) The facts and circumstances leading to the presentation of the writ petition out of which this appeal arises are: The 1st respondent St. John's Medical College, Bangalore is a private medical college affiliated to the Bangalore University. It is established, by the Catholic Bishops of India through a society registered under the Societies Registration Act, 1960, called the C.B.C.I Society for Medical Education, who is the 2nd respondent in the appeal. The 3rd responde it is the Principal of the College. During the academic year 1978-79 the college invited applications for admission to the medical course. In response to the said invitation, the 4th respondent submitted her application to the said course. Though she was rot selected, her name was included at SI. No. 2 in the waiting list. The sanctioned intake for the course was 60. The course commenced on 2nd August 1978. About the middle of September 1978, a candidate, who had been admitted to the course, withdrew from the college. Thereafter by letter dated 22nd Sept. 1978 (Ex-C), the Dean of the college sought the permission of the University to admit the 4th respondent as against the vacancy so caused, as another candidate, who was placed at SI.No.1 in the waiting list, had informed that she was not interested in joining the course. The University gave its concurrence tor the admission by its letter dated 25th Sept.1978 (Ext-D). Though such permission was given, the fourth respondent was not admitted. On the other hand by letter dated 12th October 1978 (Ex.-E) the Dean informed the University that it was not possible to admit the 4th, respondent to the course as it was not practicable for her to satisfy the attendance requirement and as the medical council had clearly stated that no student shall be admitted to appear for the I Year MBBS Examination unless the concerned student completes 18 months' course. Aggrieved by the non-admission to the medical course by respondents 1 to 3, the 4th respondent presented W.P. 11513 of 1978 before this Court seeking for the issue of a writ of mandamus directing the 1st respondent college to admit her to I year M.B.B.S., during the academic year 1978-79. The said writ petition was dismissed on 31-10-1978(Ext-F) holding that no writ of mandamus could be issued to the 1st respondent college, whicn is a private medical college. As regards the contention of the 4th respondent that the University had the authoriy to compel the 1st respondent college to admit the 4th respondent, no opinion was expressed on the ground that it was not germane to the said writ petition. Alter the disposal of the aforesaid writ petition, the Syndicate of the University made an Ordinance in its meeting held on 25th Nov. 1978. The said Ordinance made it obligatory for every head of a college to ensure that admissions are made upto the limit of sanctioned intake. It also empowered the Vice-Chancellor to issue directions to the head of a college to admit an eligible candidate if he was satisfied on enquiry that such candidate has been denied admission in spite of the fact that a seat was available. The Ordinance also made it obligatory on the concerned principal to comply with any order issued by the Vice-chancellor under the Ordinance. The Ordinance was published on 5th Dec. 1978 (Ex-J). Exercising the power under the said Ordinance, the Vice-Chancellor made an order dated 5th January 1979 (Ext-K) directing the 1st respondent college to admit the 4th respondent to I year M.B.B.S. during the academic year 1978-79. Challenging the legality of the Ordinance and the order made thereunder by the Vice-Chancellor, respondents 1 to 3 presented W.P.No.639 of 1979 During the pendency of the writ petition, the Syndicate in its meeting dated 24th March 1979 fixed 5th Dec. 1978 as the date of commencement of the impugned Ordinance in exercise of its power under S. 38 (4) of the Karnataka State Universities Act, 1976 (hereinafter referred to as 'the Art') and a notification was also issued to that effect on the same date (Annevure-I to the statement of objections by the University). The said writ petition was allowed. The Ordinance made was struck down as having been made in contravention of the provisions of the Act and consequently the order made by the Vice-Chancellor was also set aside. Aggrieved by the said order of the learned single judge, the University has presented this writ appeal.

(3.) Sri S.Vijayashankar, learned counsel for the counsel for the University, urged the following contentions.