FAIZULLAH PEER Vs. UNION OF INDIA

JUDGEMENT

(1.) In this petition counter and rejoinder affidavits have been exchanged between the parties. Shri B.D.Mandhyan, learned counsel appearing for the petitioners and Shri J. N. Tiwari, learned counsel appearing for the respondents, have agreed that this petition may be heard and finally disposed of at this stage.

(2.) The petitioners have filed this petition challenging the list of selected candidates for admission to doctoral degree programme in Indian veterinary Research Institute Izat-nagar, Bareilly (hereinafter referred to as I.V.R.I.) for the year 1990-91.

(3.) Necessary facts giving rise to this dispute are that in the months of May-June, 1990, respondent No. 3 published an advertisement inviting applications for admission to Master and Doctoral Degree Programme for which a competitive written examination was to be held on 28-7-1990. The advertisement has been filed as Annexure I to this petition. In this advertisement, total 18 disciplines have been mentioned for doctoral degree programme (Ph. D.). The eligibility for the aforesaid test mentioned in the aforesaid advertisement was at least 60% marks in aggregate in Master's Degree examination in the relevant subject for Scheduled Caste and Scheduled Tribes candidates the percentage mentioned is 55%. As all the three petitioners applied for admission to Doctoral degree programme, the items relating to Master's degree programme in the advertisement are not relevant. In this advertisement the procedure for making application has also been mentioned and under a heading 'Note' guide lines have been provided. Some of the guidelines which are relevant for the present writ petition are being reproduced below:-