TARSEM KUMAR Vs. H.P.KRISHI VISHVA VTDYALAYA

JUDGEMENT

(1.) Tarsem Kumar, petitioner, applied for admission to M. Sc. (Horticulture and Fruit Technology), one of the disciplines in M. Sc. (Agri.) programme (referred to as the discipline), of Himachal Pradesh Krishi Vishva Vidyalaya (referred to as the University). He was called for interview oni5tbMy, 1980. The University issued a notification dated 17th July, 1980 notifying the names of the candidates selected for admission and those on the waiting list (Annexure PA).

(2.) Seven candidates had been selected for the discipline. The petitioner was not one of them. However, he was the first on the waiting list. In all four candidates were on the waiting list. This notification directed the candidates selected for admission to deposit their fees on or before 21st July, 1980 in the respective colleges failing which their selection shall stand cancelled. Such vacancies were to be offered to the candidates on the waiting list. These candidates were "also required to present themselves at the respective Colleges on the same date at 4 P. M."

(3.) Though the elected candidates could have deposited the fees even before 21st July, 1980, it appears that all the selected candidates of the discipline went to the College, which is situated at Solan, on 21st July, 1980. Among the candidates on the waiting list, the petitioner as well as Girish Kumar Sharma, who was at serial No. 3 of the waiting list (respondent No. 3) also went there Apparently both these candidates were anxious to take the chance in case any selected candidate failed to deposit the fees. Now what happened in the afternoon on that day is in dispute. The petitioner alleges that he made enquiries from the officials and was informed that all the selected candidates for admission to the discipline "have got themselves registered and as such none from the waiting list was to be admitted". He waited there till 6 P.M. and thereafter left for his house at Kandaghat. On 25th July, 1980 he came to know that respondent No. 3 had got the admission since one of the selected candidates, namely, Chandan Mehta, did not join the course. The petitioner went to the Dean (respondent No. 2) on 26th July, i980 and not getting a satisfactory reply, made a representation to the Vice Chancellor of the University. Having failed to get a response, the petitioner rushed to the court on 2nd August, 1980 since the course was starting on 4th August, 1980.