GANGA PRASAD YADAV Vs. ALLAHABAD AGRICULTURE INSTITUTE NAINI

JUDGEMENT

(1.) J. P. Mathur, J. The petitioner seeks that a writ of mandamus be issued to Allahabad Agricultural Institute, Naini to admit, him in B. Tech. Agricultural Engineering College in the 1993-94 session and also that the admission granted to respondents 4, 5 and 6 be cancelled.

(2.) ALLAHABAD Agricultural Institute (hereinafter referred to as the Institute) was founded in 1911 by Churches under the leadership of Dr. San Higginbottom. It is a professional College which offers several courses of study in Agricultural Sciences and is an Institution established and administered by the Christian Religious Minority. It is recognized as a Christian Minority Institute by the Government of U. P. It is not in dispute that the Institute is receiving grant-in-aid from the Government and salary to its teachers an other employees is paid in accordance with Chapter Xl-A of U. P. State Universities Act, 1973 (hereinafter referred to as the Act) under Section 60-E of the Act, the State Government is liable for payment of salaries of teachers and employees of the College.

(3.) THE Prospectus of the Institute for the Acadamic Session 1993-94 gives in detail the ADMISSION POLICY of the institute, the relevant portion whereof is quoted below : (A) THE Allahabad Agricultural Institute is a Christian Minority Educational Institute within rights guaranteed under Article 30 (1) of the Constitution of India to establish and administer Educa tional Institution of their choice. Under this provision and as per Supreme Court Judgment dated 7th December 1991, upto 50% seats shall be made available to candidates of Christian Community in the Entitle. (B ). . . . . . . . . . . . . . . . . . (C) Accordingly for admission to First Year of each course of study in the Institute the following rules shall apply. General Rales : (1) THEre will be an Entrance Test for selecting candidates for admission in the following courses ; (a ). . . . . . . . . . . . . . . . . . (b) B. Tech. Agricultural Engineering. (c ). . . . . . . . . . . . . . . . . . (d ). . . . . . . . . . . . . . . . . . (e ). . . . . . . . . . . . . . . . . . ! (2) THE applicants will be placed in either of the two category. (a) General Candidates. (b) Christian Candidates. (4) Merit lists will be prepared for each category based on the total marks scored by the candidates in the Entrance Test for the purpose of admission, (5 ). . . . . . . . . . . . . . . . . . (6 ). . . . . . . . . . . . . . . . . . . (7) Upto 50% seats in each course are available to candidates of Christian Community. Such Candidates are required to send the following with their Application form. In the affidavit filed by Dr. H. Shophered, Principal of the Institute it is stated that respondents 4 to 6 were admitted in the Management Quota. It is further stated that this was done by the Management on the ground that Institute being a Christian Minority Institution has a right to administer and to admit students of its choice in accordance with rights guaranteed to the Minority Community under Article 30 of the Constitution. Reliance is also placed upon a resolution of the Management of the Institute which is reproduced below : "resolved that the number of |seats published in the Prospectus will be filled strictly in accordance with the judgment of the Hon'ble Supreme Court in the case of St. Stephen's College, reported in AIR 1992 SC 1630. Further, the Management reserves its right to increase or decrease the number of seats in each course according to need. In view of the need for assisting ward of staff, employees and bene factors of the Institute, it was resolved to allot 10% beats in addition to the seats published in the prospectus as promotional quota under the discretion of the A. A. I. Administration. This policy of admission shall be implemented with effect from the Session 1993-94. THE students applying in promotional quota will have to secure at least 50% marks in the qualifying examina tion and will also have to appear before an Interview Board for selection. THE candidates selected under promotional quota should not appear in Entrance Test and the candidates who will simultaneously appear in Entrance Test will not be considered in this category. "