SABIHA SHOIB Vs. VICE CHANCELLOR AVADH UNIVERSITY

JUDGEMENT

(1.) THE petitioner had applied for appearance at the combined Pre- Medical Test, 1984, which was conducted by Avadh University. THE test was held in the month of May, 1984. THE State Government however came to learn that serious irregularities had taken place in regard to the conduct of the examination. In view of the same, the Government decided to cancel the entire examination. THE Government Order dated 22-6-1984 which has been produced before us by the learned Standing Counsel shows that the Avadh University was again given the responsibility of conducting the examination which would be held afresh. THE University was asked to take necessary action in this regard so that the examination could be held expeditiously.

(2.) IN persuance of this Government Order, the university issued a Press Note on 27-6-1984, a copy of which is Annexure-4 to the writ petition. IN this Press Note, it was specified that only those candidates who were eligible to appear and who had appeared at the May, 1984 examination will be eligible to appear at the fresh examination which would take place between July 26 and July 29, 1984. The petitioner had not actually appeared at the May, 1984 examination although Admit Card had been issued to her and a centre had also been allotted to her. The result is that because of the restriction placed by the university, she will not be able to appear at the fresh examination. Her contention is that this restriction is unreasonable and arbitrary, and does not serve any public INterest and should, therefore, be struck down.

(3.) WE are, therefore, clearly of the view that the restriction imposed by the Avadh University, namely, that a candidate although he or she had obtained Admit Card for May, 1984 C. P. m. T. would not be allowed to appear if he or she had not actually appeared at the May, 1984 examination is wholly irrational and arbitrary. All acts of public authorities must be based on reasons and requirements of public interest. A public authority cannot take a decision which is wholly arbitrary and not in public interest. As such the impugned restriction must be struck down.