INDRA CHAND JAIN Vs. UNIVERSITY OF DELHI

JUDGEMENT

(1.) The facts leading to this petition under Article 226 of the Constitution are admitted and are not in dispute. The petitioner Indra Chand Jain passed Honours in Hindi (Prabhakar) of the Panjab University in 1951. He then qualified in English of the B.A. standard in 1954 and subsequently in 1955 he passed in Sanskrit, an elective, subject prescribed for the B.A. Examination. By passing these examinations the petitioner became eligible for admission to the degree of Bachelor of Arts under Regulation 7(d) made by the Panjab University. Accordingly he was admitted to the B.A. degree and the necessary diploma was granted to him in 1955. The diploma inter alia states -

(2.) On some date in May, 1956 the petitioner applied to the Hindu College, Delhi, for admission to M.A. (English) Class. A little later he also applied for admission to the same institution to M.A. (Hindi) Class. The Delhi University authorities considered him eligible for admission to Hindi class and he is pursuing his studies in that subject. His application for admission to M.A. (English) class, however, has been rejected and dissatisfied with this order the petitioner has filed the present petition for issue of a writ of mandamus directing the Delhi University to refrain from withholding sanction to his admission to the M.A. (English) class and to direct the Delhi University authorities and the Hindu College to admit him to that class. This petition is contested by the respondents.

(3.) For proper appreciation of the question involved in this writ petition it is necessary to refer to some of the provisions of the Delhi University Act VIII of 1922 as amended in 1943 by Act XXIV of 1943 and by Act V of 1952. Section 17 of this Act describes the various authorities of the University. "The Court" of the University is its supreme authority. It may make "Statutes" which may inter alia provide for the constitution, powers and duties of the Court, the Executive Council, Academic Council etc. and of any other body constituted under them (section 25 of the Act). Subject to the Act and the Statutes the Executive Council may make Ordinances providing inter alia for the admission of students to the University (section 30 of the Act). The authorities of the University may make Regulations consistent with the Act, Statutes and Ordinance's laying down inter alia the procedure relating to meetings etc. (Section 32 of the Act). Number of Statutes have been made under the Act but it is not necessary to refer to all of them. Statute 7 provides for constitution of the Academic Council and this Council is given the power inter alia to appoint Committees for admission to the University and to recognize degrees etc. of other Universities and also to determine their corresponding value in relation to those of the Delhi University (Statute 8). Qualifications for admission to the University are laid down in the Ordinances made by the Executive Council under the Act. By virtue of Ordinance 1(3) and (4) no person can be admitted from any other University to Delhi University to any post-graduate course unless he has passed an examination recognised as equivalent to a degree examination of the Delhi University. Ordinance II(1) (2) constitutes of Arts Courses Admission Committee along with other Admission Committees. These Committees determine the principles on which admissions are to be made and no student can be admitted to a course of study without the recommendation by the appropriate Admission Committee (Ordinance V. (3) ). It is not necessary to refer to any Regulations made by the Delhi University in the present case. In accordance with Statute 8 the Academic Council has recognised the B.A. degree of the Panjab University as equivalent to the B.A. degree of the University of Delhi.