PRADIP Vs. GUJARAT UNIVERSITY

JUDGEMENT

(1.) The petitioner, who is aggrieved by the refusal on the part of the respondent-authorities to allow the petitioner to complete his final examination of Part 1, M. Sc. (Geology) , has moved this Court for appropriate writs, orders and directions to quash and set aside the order cancelling his admission to the said examination since respondent No. 1-University has refused vide its letter of April 12, 1984 to recognise the first term as validly kept by the petitioner. The impugned order was conveyed to the petitioner by the letter of respondent No. 3 dated April 17, 1984. The petitioner has further prayed for the directions enjoining the respondent-authorities to grant the petitioner first term and to allow him to appear at the practical examination commencing from April 30, 1984 of M. Sc. (Geology) Part I, and also to declare the result of the petitioner of the said examination. A few facts need be noticed in order to appreciate the challenge to the impugned order.

(2.) The petitioner holds a degree of B. Sc. of the Gujarat University and graduated from the said University in 1983 by securing distinction at the said examination. He had applied for admission to the I. I. T. , Bombay for post-graduation in Geology where he was duly admitted for M. Sc. (Geology) Programme for the years 1983 to 1985. He attended the classes at the said Institute from July, 1983 to Sept. 1983 which has been accordingly certified by the Head of the Department of Earth Science of the said Institute vide his certificate of Nov. 9, 1983. Unfortunately, however, the petitioner was not keeping good health at Pavai where the Institute is situated and was, therefore, required to be brought back to Ahmedabad. The petitioner's father wrote a letter to the Vice-Chancellor of the Gujarat University-respondent No. 2 herein on Sept. 26, 1983 stating that the petitioner had passed his B. Sc. (Geology) Examination from M. G. Science Institute securing about 72% of marks and had obtained the second rank in the University, and since he could obtain admission at the I. I. T. , he opted for that Institute, particularly because admissions for post-graduate centre at M. G. Institute for the Master's course were delayed. It was further stated in the said letter that the Bombay climate was not suitable and congenial to the petitioner and, therefore, it became absolutely necessary to shift to Ahmedabad and get him admitted at the M. G. Science Institute. It was also pointed out in the letter that two seats in M. Sc. (Geology) were vacant at the relevant time. The petitioner claimed that his father met the Vice-Chancellor on the same day along with the said letter for making personal arrangement of the admission of the petitioner at the M. G. Science Institute and at that time he was assured by the Vice-Chancellor that the deficiency in attendance of the petitioner in the first term would be condoned since only a few days of the first term were left by that time, and that he would be allowed to appear at the final examination of M. Sc. (Geology) , Part I provided he obtained a certificate from the I. I. T. , Bombay to the effect that he had kept the term regularly at the said Institute for the period during which he was there. His father was also assured according to the petitioner that the term kept by the petitioner at the I. I. T. Bombay would be taken into consideration for this purpose. Ultimately the petitioner was intimated by respondent No. 3, who was the Head of Geology Department, Post-Graduate Centre (Geology) , M. G. Science Institute, Ahmedabad by his letter of Sept. 28, 1983 that respondent No. 2 had granted permission of admission of the petitioner in the first term of M. Sc. (Geology) , Part I. The petitioner completed the formalities for admission at the M. G. Science Institute and was thereafter enrolled and admitted by the said Institute for the Master's Programme in Geology, Part I. The petitioner was also required to obtain eligibility certificate from the University which was obtained and submitted to the college authorities vide certificate of Jan 6, 1984. He thereafter regularly attended the classes in the Second Term also at the said Institute.

(3.) The petitioner filled his examination form M. Sc. , Part I examination sometime in the month of Jan. 1984 which was duly forwarded by the M. G. Science Institute to the respondent-University for necessary action. He also paid necessary examination fees of Rs. 79/ -. On acceptance of the application form, respondent No. 1-University also allotted to the petitioner seat No. 737 for M. Sc. (Geology) , Part I Examination held in April, 1984. He appeared at the Theory Examination which commenced from April 11, 1984 to April 16, 1984 on seat No. 737 allotted to him by the University. However, the practical examinations were scheduled to be held on April 30, 1984, 1st May 1984 and 2nd May 1984. The petitioner was surprised and shocked when he was intimated by the letter of April 17, 1984 from respondent No. 3 that his admission to the examination of M. Sc. , Part I was cancelled by the University as stated aforesaid. Respondent No. 3 personally delivered this letter to the petitioner with the result that the petitioner immediately moved this Court for appropriate writs, orders and directions as aforesaid on April 27, 1984.