LAWS(ALL)-1985-1-7

ANAND KUMAR Vs. DIRECTOR ALLAHABAD AGRL INSTITUTE NAINI

Decided On January 31, 1985
ANAND KUMAR Appellant
V/S
DIRECTOR, ALLAHABAD AGRL.INSTITUTE, NAINI Respondents

JUDGEMENT

(1.) By this petition under Art. 226 of the Constitution, the petitioner has prayed for a writ of mandamus directing the respondents to admit him in M.Sc. (Ag) course of the Allahabad Agricultural Institute, Naini, Allahabad.

(2.) The petitioner joined the B.Sc.(Ag) course of the Allahabad Agricultural Institute and passed the examination in I Division. He applied for admission to M.Sc. (Ag) Agronomy. The petitioner appeared in the Entrance test examination held by the institute but could not qualify. He was consequently not admitted. The petitioner's grievance is that out of 96 scats, only 73 candidates have been admitted in the M.Sc. (Ag) course and a number of seats are lying vacant. The petitioner prays for admission on the ground that he is an old student of the institute. The petitioner also challenges the validity of the Entrance test conducted by the institute.

(3.) The respondents have contested the petition with the allegations that the petitioner did not qualify in the Entrance test and he was, therefore, not admitted. The Entrance test was being held by the institute and the petitioner had knowledge of the same and he also appeared therein. It is, therefore, urged that he is not competent to challenge the validity of Entrance test. It is further said that as the petitioner did not qualify, he cannot claim admission merely because a number of seats are vacant.