BANARAS HINDU UNIVERSITY VARANASI Vs. ROHINI SINGH

JUDGEMENT

(1.) Challenge in the Special appeal on hand is to the correctness of the judgment dated 23-10-98 of the learned Single Judge whereby the Civil Misc. Writ Petition No. 194 of 1998 instituted by respondent - Ku. Rohini Singh culminated in being allowed post-fixed with the directions to the appellants to give her admission in the one-year M.Ed. Course. The petition was also awarded cost quantified at Rs. 2000.00.

(2.) The necessary facts as bear on the controversy involved in this appeal are that the petitioner-respondent- Km. Rohini Singh, took entrance test for admission to one-year M.Ed. Course 1997-98 conducted by the appellants. The aforesaid course had seating allocation for 25 students including three supernumerary seats. 50% of the total seats were reserved for Banaras Hindu University students that is to say for students who have been admitted through University Entrance test, B.H.U. and have passed the qualifying examination from the Institute/Faculty/ Mahila Mahavidyalay, Banaras Hindu University in the year of the test or one year immediately preceding the test.

(3.) Out of 22 regular seats available for admission in M.Ed. Course 1997-98, six fell to the quota of candidates belonging to reserved categories (SC/ST) and Orthopaedically handicapped) and eight for B.H.U. students'. The remainder of the regular seats could be shared by B.H.U. or Non.-B.H.U. students on the basis of merit. The petitioner-respondent admittedly applied for admission as a Non-B.H.U. student. Later on however she applied for being treated as a B.H.U. student on the premises that she did her graduation and B.Ed. from an affiliated college-Arya Mahila and Degree College, Varanasi. The result of the Entrance test was declared and by letter dated 3-9-97 the petitioner-respondent herein was called upon by the Faculty of Education, B.H.U. to present herself with certain documents for verification and confirmation of admission. On 12-9-97, she presented the required documents7 on verification whereof she was required to deposit the admission fee of Rs. 223.00 the fee prescribed for admission of the B.H.U. students which she did. Consequent upon depositing the fee, the petitioner-respondent was accordingly admitted to M.Ed. course 1997-98 on 12-9-97. In the post admission stage, a communication dated 15-9-97 was received on 4-10-97 by the father of the petitioner the text of which was that the admission of the petitioner-respondent to M.Ed. course had been cancelled. The petitioner-respondent thereupon, made a representation to the visitor of the University. (The President of India, New Delhi) unfolding therein all the relevant facts and simultaneously, she also instituted Writ Petition No. 36997 of 1997 attended with the observation that the representation filed by her to the visitor be disposed of expeditiously. The petitioner-respondent received no information as to the fate of the representation and she filed the writ petition from which arises the present Special Appeal.