SANDHYA PASTOR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is a petition under Arts. 226/227 of the Constitution of India for a direction to the respondents 1 and 2 to admit the petitioner as a regular candidate in B.A. (Part II) in Government Madhav College, Chanderi (for short, "the College") of District Guna.

(2.) Admittedly, petitioner, Kum. Sandhya Pastor was a regular student of B.A. (Part I) of the College in the Session 1989-90. She appeared in the annual examination with the examination centre at the College in March-April, 1990. Smt. Usha Mishra, a member of the College-teaching-staff, acted as an invigilator in some papers, in which the petitioner took the examination. The petitioner secured pass marks in the annual examination, vide copy of the statement of marks (Annexure P-1).

(3.) It is also not disputed by the respondents that the petitioner sought admission in B.A. (Part II) of the College for the next session 1990-91 and that respondent No. 2 (the Principal) refused admission to her in the light of a resolution (Annexure R-3), passed by the College Council, which included respondent No. 3, as one of its members, in the meeting chaired by respondent No. 2, held on 31-7-1990. The material portion is at paragraph 6 of the minutes of the meeting. It runs as follows :-