LAWS(KAR)-1999-11-57

SMTTHA R Vs. UNIVERSITY OF AGRICULTURAL SCIENCES

Decided On November 05, 1999
R.SMITHA Appellant
V/S
UNIVERSITY OF AGRICULTURAL SCIENCES, BANGALORE Respondents

JUDGEMENT

(1.) ADMISSIONS to postgraduate courses offered by the respondent-university are governed by the regulations framed by it. Regulations 4. 1. 0 to 4. 1. 5 of the said regulations prescribe the conditions of eligibility for admission to doctoral programmes, whereas regulations 4. 2. 0 to 4. 2. 14 deal with masters course in different subjects. A reading of these regulations would show that all such candidates as possess the prescribed academic qualifications from a recognised university are eligible for admission. Neither the regulations nor any other provision contained elsewhere make a reservation in favour of candidates from the st,ate of Karnataka either on the basis of their domicile in the state or on the ground of institutional preference. The prospectus issued by the university for admission to the postgraduate courses during the academic session 1999-2000 also does not make any provision for reservation of seats in favour of candidates from the state of karnataka. It reiterates the Provisions contained in the regulations and accepts the prescribed academic qualification from "any recognised agricultural university/icar deemed university" as sufficient to entitle the candidate to claim admission.

(2.) APPLICATIONS for the session 1999-2000 were invited for various postgraduate courses offered by the respondent-university in terms of a notification dated 21st of june, 1999. For the doctoral and masters programme, the notification prescribed the eligibility for admission thus.

(3.) THE petitioners in these writ petitions also applied in response to the above and were permitted to appear in a written test conducted on 27th of september, 1999. The result of the test was published sometime later, on the basis whereof a select list was eventually prepared and notified on 13th of october, 1999. The petitioners' names did not figure in the said list even though candidates with merit were included in the same. Upon enquiry, they appear to have been informed that the available seats had been reserved only for candidates domiciled in the Karnataka and that those from outside will be considered for admission only if any seats remain unclaimed. Aggrieved, the petitioners have filed the present writ petitions, in which they have questioned their non-consideration and prayed for a mandamus directing the respondents to fill up the seats in accordance with merit and as per the marks obtained in the written examination.