SAMEER KUMAR SINGH Vs. UNIVERSITY OF GORAKHPUR

JUDGEMENT

(1.) D. K. Seth, J. In this case the petitioner was refused admission in Research Programme in the discipline of Geography leading to the award of a Ph. D. Degree, in the University of Gorakhpur, on the ground that his name was included in the list of students who were ear-marked for the purpose of prohibiting admission, as would be apparent from Annexure-6 to the writ petition. In the said communication which was made to the different department of the University it was stipulated that the said twenty one students should not be allowed admission in any course in the said University. Admittedly, the petitioner was admitted in M. A. in Geography from the said University. However, in the meantime the petitioner's admission was sought to be cancelled, which was challenged by means of writ petition No. 43708 of 1993 in which interim order of stay of the operation of the said order of cancellation was passed and by virtue whereof he had continued his study and has passed the examination. The petitioner in an earlier writ petition, being Civil Misc. Writ Petition No. 33539 of 1993 had challenged the said instruction contained in Annexure-6 to the present writ petition, so far as the petitioner is concerned, by which the petitioner was prohibited admission in any course under the University. The said writ petition is also pending, The petitioner has now claimed admission to Research Programme in Geography and the same was refused by an order dated 3u-y-1994 which is Annexure-11 to the writ petition.

(2.) LEARNED counsel for the petitioner points out while translating the said annexure into English that the admission was refused solely on the ground that the petitioner's name was included in the said list, which is Annexure-6 to the writ petition, subject-matter of challenge in Writ Petition No. 33539 of 1993. Sri Shyamal Narain, learned counsel appearing on behalf of the petitioner contends that the said refusal is wholly without jurisdiction and can not be sustained and the authority can not rely on the same.

(3.) ON the other hand Section 45 of the Act deals with the provisions for admission of students which lays down certain conditions who seeks admission. In order to appreciate the situation the provision of Section 45 of the Act is reproduced below : "45. Admission of students.- (I) No student shall be eligible for admission to the course of study for a degree unless- (a) he has passed- (i) the Intermediate Examination of the Board of High School and Intermediate Education, Uttar Pradesh, or of any University or Board incorporated by any law for the time being in force ; or (ii) any examination, or any degree, conferred by any other University, being an examination or degree recognised by the University as equivalent to the Intermediate Examination or to a degree of the University ; and (b) He possesses such further qualifications, ii any, as may be specified in the Ordinances : Provided that the University may prescribed by ordinances j any lower qualifications for admission to a degree in Fine Arts. (2) The conditions under which students may be admitted to the diploma course of the University shall be prescribed by the Ordinances. ' (3) The University shall have the power to recognise (for the purposes of admission to a course of study for a degree), as equivalent to its own degree any degree conferred by any other University or, as equivalent to the intermediate Examination of any Indian University, any examination conducted by any other authority. (4) Any student whose work or conduct is unsatisfactory may be removed from the University or any institute or a constituent college or an affiliated or associated college in accordance with the provisions of the Ordinances, Sub-section (4) of Section 45 indicates that the students may be removed from the University or an Institute or a Constituent college or an affiliated or associated college in accordance with the provisions of the Ordinances, in case the work and conduct of such students is unsatisfactory. By no stretch of imagination Annexure-6 to the writ petition can be said to be a step towards such process, as contemplated in sub-section (4) of Section 45 of the Act. Even then it can not be said that this power under Section 45 (4) can be exercised by the Admissions Commit tea. Inasmuch as such step is contemplated at a stage post admission.