SMITA SHUKLA Vs. UNIVERSITY OF ALLAHABAD

JUDGEMENT

(1.) The Petitioner has filed the present writ petition praying that a writ of mandamus be issued directing the: Respondents (University of Allahabad and Head of Department of Geography) to allow her to study Geography subject and farther to allow her to appear in B. A. Part I examination of the University in the aforesaid subject. The parties have exchanged affidavits and as such writ petition is being disposed of finally at the admission stage.

(2.) The Petitioner passed Intermediate examination in the year 1992 and thereafter applied for admission in B. A. Part I class in the University of Allahabad. She had given choice of subjects which she wanted to offer In B. A. Part I and Geography was her tenth choice. On the basis of marks secured by her, she was admitted in B. A. Part I class and was allotted three subjects namely; English, Medieval History and Geography. Thereafter, she got endorsement of the department concerning the subjects which she had been allotted and endorsement of Geography Department was made on 30-10-1992. The Petitioner then pursued her study in Geography Department apart from English and Medieval History in B A. Part I dais and also attended the classes regularly. On 28-2-1993 a list was put op in the Geography Department on the Notice Board which showed that her name had been struck off from the rolls of students studying Geography subject. On enquiry, she was orally informed that she could offer any other subject but could not be allowed to study Geography subject as she has not studied the said subject in Intermediate. It is in these circumstances that the present writ petition was filed in this Court on 12-3-1993.

(3.) A counter affidavit has been filed by the Head of Department of Geography on behalf of the Respondents. The case of the Respondents is that under a resolution passed by Academic Council of the University only those students who had passed Intermediate or equivalent examination with Geography as one of the subject, can be allowed to study the said subject in B. A. Part I class This resolution is also incorporated in the "Admission Information Booklet of the University for the Session 1992-93". The Admission Committee did not notice the fact that the Petitioner had not offered Geography in Intermediate classes at the time when the Petitioner wan admitted and was allotted Geography subject. The mistake was noticed in February, 1993 and consequently her name was struck off from the Geography department and she was asked to approach the Admission Committee for allotment of some other subject. It is further pleaded that though the admissions were made in October and November, 1992 but regular classes lo the subject commenced from January, 1993 and the examination would not take place before July, 1993. Thus the main defence of the Respondents is that she had been allowed to study Geography subject contrary to the resolution of the Academic Council.