ASHISH RAI AND Vs. BANARAS HINDU UNIVERSITY

JUDGEMENT

(1.) These special appeals have been preferred against a common judgment passed by a learned Judge of this Court disposing of three writ petitions filed by three students who were denied admission to the M.B.B.S. course of the Banaras Hindu University, Varanasi (hereinafter referred to as the 'University') for the session 1992-93. Facts leading to the filing of the writ petitions and, for that matter, these appeals are as under.

(2.) In February, 1992, the University issued an advertisement inviting applications from eligible candidates to appear in the pre-Medical Test ('PMT' for short) which was to be held on 4/06/1992, for selection for admission to the 1st year M.B.B.S. course for the ensuing session. The total number of seats for the course open for all students was 50; besides 5 supernumerary seats were earmarked for the students of the University. The eligibility requirements and other details relating to admission to the course were incorporated in an information leaflet issued in connection with the test; and in respect of the supernumerary seats it was stated therein as under :-

(3.) Before the learned Judge three points were urged in support of the writ petitions. It was first contended that insistence of 65% attendance was against the provisions of the Special Ordinance No. 11 issued by the University laying down, inter alia, the eligibility requirements for PMT. It was next contended that as the Academic Council of the University had passed a resolution on 25/03/1992, reducing the attendance requirement for B.Sc. and other examinations of the University to 60% for the academic year 1991-92 in view of prolonged agitations and strikes therein, the attendance requirement of 65% only for PMT was arbitrary and unreasonable. It was lastly argued that the Director of the Institute of Medical Sciences being the only competent authority to deal with PMT and all matters in connection therewith and he having passed an order on 29/05/1992, reducing the attendance requirement from 65% to 60%, it was not open to the other authorities of the University to refuse admission to the writ petitioners.