PRATIKSHA Vs. DEVI AHILYA VISHWAVIDYALAYA

JUDGEMENT

(1.) Cardinal Gibbons, in his address in 1909, ruminated that "Reform must come from within, not from without. You cannot legislate for virtue". The theme of instant cases is that at one stage Vice Chancellor (V.C.) of the Devi Ahilya Vishwa Vidyalaya (DAVV) Indore played the role of a donor patterned on a point - - ''You give me application, I promise you admission" in MBA (Full -Time) two year (Modular) Course, under "My quota". If that is so, what sin the counsel raised the question the appellants and the like of them committed when they slipped under the promise and, so lulled chose to view it as lucrative and to become the donees. Virtue on both the sides perhaps took leave for some time. VC led the students to tread on forbidden path without bothering for inhesion of institution seemingly on inner voice alone. Now if it was wrong from 'within', how can it be right from 'without'? Little later the same VC directed the Director to cancel such admissions without disclosing or documenting reasons and the Director in his turn, orchestrating the tune, issued the consequential order ostracizing as many as 72 students who had secured admission under the so -called discretionary quota of the Vice Chancellor. Six more students suffered the same fate from the category of Employees quota. Out of these 72, some students, left in lurch, filed writ petitions before Single Bench and obtained interim orders against implementation of the consequential order. On hearing both sides, Single Bench dismissed those petitions by common order on 6.3.96 rendered in W.P. No. 1227/95. Some of the unsuccessful petitioners of W.P. No. 1233/95 (LPANo.25/96), W.P. No. 1271/95 (LPA No. 30/96), W.P. No. 1250/95 (LPA No. 31/96), W.P. No. 1248/95 (LPA No. 28/96), W.P. No. 1250/95 (LPA No. 26/96), W.P. No. 1240195 (LPA No. 32/96), W.P.A. No. 1271/95 (LPA No. 40/96), W.P. No. 1227/95 (LPA No. 27/96), W.P. No. 1294/95 (LPA No. 38/96), W.P. No. 1227/95 (LPA No. 58/96) and W.P. No. 1240/95 (LP A No. 77/96) have then filed these Letters Patent Appeals under Clause X of the Letters Patent against the order dated 6.3.96 and obtained stay at their own risk. On show -cause notice, Respondents have filed reply in oppugnation. On consent, we heard these appeals at length for final disposal. This common order governs the disposal of these LP Appeals.

(2.) FACTUAL matrix lies in a narrow compass. The Institute of Management Studies (IMS) run by DAVV conducts inter alia the course of MBA. For this course, scheduled to commence from July, 1995, institute initiated Selection Process by inviting applications from eligible candidates till 17.12.94. A brochure, containing gist and guidance, was published. Provision for written test, group discussion and personal interview carrying marks 30, 15 and 15 respectively was made. Minimum 40% marks in written test were fixed as essential to qualify for interview. Out of 3321 candidates, only 522 were chosen for group discussion and personal interview. Except the appellant Ku. Deblina Mukherjee of LPA No. 38/96, petitioner in WP No. 1294/95 secured required marks in written test. She too found place only in waiting list. Process of selection ended on 30.6.95. Thereafter, VC granted admission to 17 under 'Employees quota' and to 72 under his discretionary quota. Sequel to this, these 89 fortunates deposited fee on various dates in July/August, 1995 and joined the course of 95 -97. It seems that one member of the Executive Council threatened stem action. Thereafter, VC inexorably asked the Director of IMS to cancel admission of 72 students, who deposited fee on 31.7.95, (five), 5.8.95 (Eighteen) 14.8.95 (Eleven) and 16.8.96 (Thirty seven) and was transferred from MFA to MBA (one), on 6.9.95. Pursuant to this, Director notified on notice -board on 12.9.95 that admission of these 72 students made under Vice -Chancellor discretionary quota in MBA (Full Time) Two Year (Modular) course stands cancelled as per orders issued by VC, DA VV, Indore. These two orders of6.9.95 and 12.9.95 did not spell out reasons for such a step. Writs were filed for issuance of WRIT of Certiorari to quash order of cancellation of admission to MBA in IMS of DAVV, Indore on prodigious number of grounds such as (1) Violation of principles of natural justice, (2) Hostile discrimination in that candidates of other quotas were retained and Article 14 was infringed thereby, (3) Doctrine of promissory estoppel, (4) Infringement of fundamental right to education under Article 21 and (5) Equitable grounds. Respondents contested and controverted the grounds. The learned Single Judge dealt with all these grounds with a great deal of industry and held the same to be inutile and futile in peculiar facts and thus, dismissed the petitions.

(3.) WE have heard Shri GM Chaphekar, learned Semor counsel with Smt. Meena Chaphekar in LPA Nos. 25/96, 30/96, and 31/96, Shri KG Maheshwari and Shri Asudani in LPA No. 28/96, 26/96, 32/96 and 40/96, Shri TN Singh in LP AN o. 27/96 Shri Kohli in LP A No. 38/96, Shri A.M. Mathur, learned Senior counsel with Shri Shrivastava in LPA No. 53/96 and Shri SC Bagadia in LPA No. 77/96. We have also heard Shri B.L. Pavecha, learned senior counsel with Shri A. Saleem for Respondents who submitted that certiorari is unavailable.