VANDANA TIWARI Vs. ALLAHABAD UNIVERSITY

JUDGEMENT

(1.) The question involved in the present writ petition is regarding the right of student having completed graduation in two years degree course, to get admission for doing Post Graduation in University of Allahabad. The present petitioner passed her B.Sc. final examination from University of Kashmir which is still having two years degree course. Father of petitioner is employed as an Army Officer and he was posted in State of Jammu & Kashmir in peace station and so the petitioner could live with her father and complete her graduation from the aforesaid University. However father of petitioner was subsequently transferred to field area. Consequently he could not keep his family with him and the petitioner was compelled to shift to Allahabad (petitioners home district). The petitioner's result for the B.Sc. final examination was declared on 29th May, 1989 and then she approached the authorities of the respondent No. I for seeking admission in Post Graduation course.

(2.) It is relevant to mention here that the Allahabad University adopted three years degree course for granting graduate degree some time back and was granting admission in Post Graduation and LL.B. courses only to those who possessed three years degree course. In order to provide relief to the students having two years course degree a Bridge course was started and the students were allowed admission thereafter for doing Post Graduation. The petitioner before the authorities of respondent No. 1 prayed that she is entitled for the admission in Post Graduation on the basis of graduation degree obtained from University of Kashmir. However she is prepared to do the Bridge course and she is also even prepared to get her admitted in third year course of B.Sc. and she may he allowed either of the three so that she may continue her academic career. Father of petitioner also wrote a letter to the respondent No. 2 explaining the difficulties. However the request of the petitioner was turned down firstly by the order dated 29th September, 1989 which has been filed as Annexure-VI to the writ petition. In the order this much has been said that in M.A., M.Sc., M.Com. classes only candidates who had done 3 years course successfully are considered for admission. Another order was passed on 6th January, 1990 by which she was intimated that there was no provision for admitting the student in third year of B.Sc. degree course who has done first and second year in other University. The petitioner in the writ petition has also mentioned that she was informed that the Bridge course has also been abolished. Hence there is no way open to her to get admission in M.Sc. In the aforesaid facts and circumstances the petitioner filed the present writ petition in this Court for the reliefs to quash the aforesaid two orders and further to direct the respondents to admit the petitioner in M.Sc. course.

(3.) The respondents 1 to 3 after service of the notice have filed a counter affidavit and they have taken a stand that the orders have been rightly passed as a candidate is eligible for admission in M.Sc. previous only if he has done three years degree course for obtaining graduation degree under 10 + 2 + 3 Scheme. In para 7 of the counter affidavit it has also been admitted that the Bridge course has been abolished, hence the petitioner was not admitted in Bridge course. It has also been stated in the counter affidavit that she cannot be admitted to third year course of B.Sc. in view of the Ordinance of the University and the orders have been rightly passed. The said orders have been justified on the ground that the Ordinance of the University does not permit either of the three prayers made by the petitioner. In this writ petition counter and rejoinder affidavits have been exchanged and the learned counsel for the parties agreed that the writ petition may be heard and finally disposed of at the stage of admission.