VISHWAS AGARWAL Vs. UNIVERSITY OF ALLAHABAD

JUDGEMENT

(1.) A. K. Seth, J. In this case the petitioner having passed Intermediate examination applied for admission in the University of Allahabad, in B. Com First Year. But he was refused Admission on the ground that his marks were below the minimum cut off marks.

(2.) BY means of this writ petition the petition' challenging the said refusal and has claimed that he is entitled to out-right admission in view of clause-12 of the Brochure for admission for the year 1995-96 which provides that a candidate who is the son or daughter of the existing teacher or an employee of the University is eligible for out-right admission. Sri A. C. Agarwal, father of the petitioner who appeared in person to argue the case in support of the petitioner, contends that by virtue of his being an employee of the Motilal Nehru Regional Engineering College, Allahabad, the Principal whereof is an ex officio Dean by reason of proviso to sub-section (4) of Section 27 of the U. P. State University Act. . Therefore, he is also a teacher of the University. He relies on the provision of Section 31 of the U. P. State Universities Act and contends that the teachers of associate college are appointed in terms of Section 31 of the said Act and by reason of such appointment, he is also to be deemed to be a teacher of the University. He further contends that the Dean of the Faculty of Engineering is responsible as provided in sub-section (5) of Section 27 of the Act for organisation and conducting of teaching and research work of the department comprised in the faculty relying on the definition of 'teacher of the University' as con tained in sub-section (19) of Section 2 of the said Act, which includes a teacher imparting instruction and guiding or conducting research either in the University or in an institute or in constituent, college maintained by the University.

(3.) SRI Agarwal, in reply contends that since the Principal of the college is the dean of faculty of the Engineering. Therefore the entire faculty is conducted and organised by the said faculty, of which the Principal of the college is the dean. By reason thereof teacher of the said college shall be deemed to be a teacher of the University.