MOHIT CHOPRA Vs. H.P.KRISHI VISHVAVIDYALAYA, PALAMPUR

JUDGEMENT

(1.) In all these petitions, common questions of fact and law have been raised for the decision of this Court. It is, therefore, appropriate to take all the petitions for consideration and decide them by a common judgment.

(2.) A point raised by the petitioners relates to admission to B.V.Sc and A.H. course in Himachal Pradesh Krishi Vishvavidyalaya, Palampur. Before adverting to individual petition, it may be necessary to state relevant provisions governing admission to the said course. Himachal Pradesh Krishi Vishvavidyalaya, Palampur, District Kangra was established under the Himachal Pradesh Universities of Agriculture, Horticulture and Forestry Act, 1986 (hereinafter referred to as "the Act"). Under Section 3 of the Act, the University is having a perpetual succession and common seal and can sue and be sued by the same name. Its objects have been specified in Section 5 of the Act and its powers and functions have been laid down in Section 7. The authorities functioning under the university have been mentioned in Section 10 of the Act, which, inter alia, include Senate; Board of Management; Academic Council, etc. Section 15 of the Act describes powers and functions of the Academic Council. It enables the Academic Council to regulate and prescribe Courses of study, determine curricula and to have general control of teaching and other educational programmes within the University. Sub -section (3) of the said section empowers the Academic Council to make regulations for admission of students to the University and determine number of students to be admitted. It also authorises Academic Council to exercise such other powers and perform such other duties conferred or imposed on it by or under the Act.

(3.) It is an admitted fact that the respondent -University is conducting five years B.V.Sc and A.H. course inclusive of six months compulsory internship training. The present petitions relate to admission to B.V.Sc and A.H. Course for the academic session 2000 -2001. A prospectus for the said academic session was issued by the respondent -university. Chapter I is introductory. Chapter II provides for Programme Intake and Reservation. Clause 2.1 declares sanctioned seats. It states that for the year 2000 -2001, the academic council has sanctioned 35 seats under B.V.Sc and A.H. five years programme. Clause 2.2 speaks of seats over and above sanctioned seats. Clause (d) thereof states that there will be five seats for NRI/NRI sponsored candidates. It further states that for those seats, a separate prospectus is available in the University. Those seats also are to be filled in through common Combined Entrance Test. Chapter III provides for admission to the B.V.Sc. and A.H. Course. Chapter IV makes provisions for Entrance Test and preparation of Select List and Waiting List. Basis for admission is "merit as determined by the competitive examination subject to the regulations framed in that behalf by the Academic Council from time to time. It is also clarified that minimum percentage of marks required in aggregate to qualify the Entrance Test are to be prescribed by the Academic Council from time to time and the list of candidates is to be notified by the registrar on or before July 20, 2000. On July 25, 2000 successful candidates are to appear in person before Admission Committee for scrutiny of their original certificates/testimonials and weightages claimed by them. The registrar is to notify the list of selected candidates programme wise on August 1, 2000. Chapter V deals with Enrolment and Fees. For fees of NRI/NRI sponsored candidates, in clause 5.6 it is stated : "Charges for NRI/NRI sponsored candidates B.V.Sc and A.H. 8,000 US B.Sc (Agri) 4,000 US