ATUL KUMAR Vs. VICE CHANCELLOR ALIGARH MUSLIM UNIVERSITY

JUDGEMENT

(1.) IN pursuance of the police of the Aligarh Muslim University, Aligarh (hereinafter referred to as the University) inviting applications for admission in various disciplines for the session 1991-92. Petitioner applied for admission in Master in Computer Science and Application Course (hereinafter referred to as the M.C.A. Course). Minimum qualification prescribed for the above course was 55% marks in aggregate in B.Sc. with Physics and Math. Petitioner applied for admission in M.C.A. course in pursuance of the above advertisement. At that time he had merely appeared in the examination of B.Sc. third year, result of which was not declared. He was permitted to appear by the University before the Selection Committee for admission in M.C.A. course. He was admitted to the above course provisionally and was permitted to deposit fee and other changes on an undertaking given by him to the effect that if he fails to produce the mark sheet of the qualifying examination with the minimum percentage of marks, which are required for eligibility for admission, up to 30-9-1991 his provisional admission will stand cancelled. An affidavit to the same effect was also obtained from the petitioner in which he undertook to produce the relevant certificates documents up to 18-9-1991. It was further mentioned therein that in case he fails to do so, his provisional admission will stand automatically cancelled. As the result of the B.Sc. third year examination of the petitioner was not declared by the, Agra University. He appears to have approached the Vice-Chancellor of the Agra University, who wrote a letter dated 6-9-1991 to the Vice-Chancellor of the University that the result of his examination is likely to be declared in the first week of October, 1991 and as such, his admission may be continued till the declaration of his result of B.Sc. third year examination. The letter did not have the desired effect on the respondents, who threatened to cancell the provisional admission of the petitioner on account of which he filed this writ petition before this court for wriit of mandamus commanding the respondents not to cancel his admission to M.C.A. course.

(2.) UNIVERSITY has filed counter affidavit and the petitioner has filed rejoinder affidavit in reply thereto. I have heard the learned counsel for the parties.

(3.) IT is true that the petitioner has given an undertaking, which is incorporated in paragraphs 6 & 7 (b) of the counter affidavit, to the effect that if he fails to produce or submit the relevant certificates/documents up to 30-9-1991, his provisional admission will automatically stand cancelled. The University authorities claim the right to cancel the petitioner's admission on the basis of the above undertaking. IT is not possible to agree with the stand taken by the University.