SHILPA Vs. MAHARISHI DAYANAND UNIVERSITY

JUDGEMENT

(1.) This order will disposed of two writ petitions Nos. 13722 and 16229 of 2000 in which common questions of law and fact arise. Since arguments were addressed in Civil Writ Petition No. 13722 of 2000, the facts are being noticed from this case.

(2.) Petitioners are students of Shri Baba Mast Nath College of Physiotherapy, Asthal Bohar, District Rohtak (hereinafter referred to as the College) which is a minority institution set up by the 'Nath Sect' of people who are recognised as a minority community in the State of Haryana. They were admitted to the Three Year B.Sc. Physiotherapy course in the academic year 1999-2000 and by now they have completed more than one year of study. The College is affiliated to the Maharishi Dayanand University, Rohtak (for short the University). The relevant part of para 10 of Chapter-IV of the Information Brochure-cum-prospectus issued by the University for admissions to the aforesaid course for the academic year 1999-2000 which concerns us in this case reads as under :-

(3.) In response to the notice of motion, the University has filed its reply. It is pleaded that since the petitioners were not residents of the State of Haryana, they were not eligible for admission and, therefore, their admission to the College could not be regularised. It is further pleaded in para 6 of the reply that out of the total of 60 seats the College could make only 30 admissions up to 50% of the total intake strength whereas it has admitted 41 students against 30 seats reserved for minority community and for this reason as well the admission granted to the petitioners could not be sustained. The College has not filed any separate reply but the learned counsel appearing on its behalf supported the contentions of the petitioners.