ANITA PADHY Vs. BERHAMPUR UNIVERSITY

JUDGEMENT

(1.) The challenge in this writ application is to Annexure-6, the order dated 24-8-1999 passed by the Vice-Chancellor, Berhampur University, withdrawing the employees quota in admission to the Post-Graduate Departments of the Berham-pur University and directing that henceforth no seat for the children of the employees of the University will be reserved in any Post-Graduate or Diploma Course of the University.

(2.) The facts giving rise to this writ application may be briefly stated thus.The petitioner is the daughter of an employee of the Berhampur University who at the relevant time was posted as the Administrative Officer. For the academic session 1999-2000, she had submitted her application for appearing at the entrance examination for admission to the Master in Computer Application Course and had appeared at the said examination. It is her case that in view of Clause-VIII(f) of the Prospectus, she being the daughter of an employee of the University, ought to have been admitted to the said course even though she did not qualify for the prescribed seats which were 30 (thirty) in number, as the reservation under the employees quota was over and above, the prescribed strength. The further case of the petitioner is that there was reservation of seats in Post-Graduate and Diploma Courses for the children of the employees of Berhampur University from 1982 onwards and as such, the University authorities were not justified in withdrawing the quota though as per the Prospectus for the Sessions 1999-2000 there was provision for such reservation. It is averred that as she had secured the highest mark under the quota reserved for the children of the employees of the University, she did not appear for the counselling as she was sure that she would be selected against the reserved seat. Thus, she altered her position basing on the assurance given by the opposite parties in the Prospectus and as such, the opposite parties thereafter could not withdraw the quota as a right had accrued to her for admission. It is further submitted that as the quota for the children of the employees is over and above the sanctioned strength, its continuance could not cause any prejudice to any regular candidate and as such, the prayer is for quashing the order withdrawing the quota on the ground that it is illegal and arbitrary.

(3.) The University in its counter does not dispute that in the Prospectus for the sessions 1999-2000, it was mentioned that there would be a quota for the employees of the University. It is, however, submitted that the inclusion of that clause in the Prospectus was in contravention of the Chancellor's order which was to the effect that there should be no reservation of any seat for the children of the employees of the University in the Post-Graduate Courses. According to the University, when Professor J. K. Baral took charge of the office the Chairman of the P.G. Council on 1-6-1999, he noticed that there was already an order dated 29-10-1998 passed by the Chancellor for not reserving any seat in the Post-Graduate Courses for the children of the employees of the University. But, in spite of that, a clause relating to reservation was included in the Prospectus. Since applications had been received, the Chairman of the Post-Graduate Council had suggested to the Vice-Chancellor for moving the Chancellor to reconsider the matter on which the Vice-Chancellor passed an order on 19-7-1999 that unless the Chancellor permits any reservation, no candidate could be admitted, whereupon opposite party No. 2 passed an order that there would be no reservation of seats for the children of the employees of the University. It is further submitted by the University that as there was a persistent demand for continuance of the quota, a suggestion was made to place the matter before the Syndicate and also to move the Chancellor. Accordingly, the matter was ordered to be placed before the Syndicate but no candidate was to be admitted under the said quota till receipt of the final decision of the Chancellor. In spite of this, the then Chairman of the P.G. Council had passed an order on 29-7-1999 by mentioning that the Vice-Chancellor was pleased to restore the policy of reservation of seats for the children of the employees of the University. When the real position was brought to the notice of the Vice-Chancellor, he passed an order on 24-8-1999 that there would be no reservation of seats for the children of the employees of the University and as such, no student was admitted. The matter regarding reservation of seats for the children of the employees of the University was also placed before the Syndicate which, after due deliberation and, considering the letter dated 29-10-1998 of the Chancellor annulling the employees quota for admission into Post-Graduate/Diploma Courses, resolved that it was approved. Accordingly, there could be no reservation of seats for the children of the employees of the University and as such, the question of admitting the petitioner against a non-existing reserved seat, could not arise. It is the further case of the University that no doubt the petitioner appeared at the entrance examination but could not come out successful and as such, she could not be admitted to the course which started in September, 1999. It is also averred that since the clause relating to reservation of seats for the children of the employees of Berhampur University was included in the Prospectus in contravention of the order of the Chancellor, no right could accrue to the petitioner thereunder and it cannot be said that the petitioner, who had not secured the qualifying marks on merits, had altered her position by not appearing in the counselling, for had she appeared, it would not have changed the position because she did not come within the first thirty the total number of seats available for the Course. It is also pointed out that the father of the petitioner is the Administrative Officer of the University and he is the Overall Branch Officer of P. G. Council which deals with all matters relating to admission.