S.R.MEHROTRA Vs. H.P.UNIVERSITY

JUDGEMENT

(1.) The petitioner is the Professor and Chairman,, Department of History, as well as the Dean of the Faculty of Social Sciences, of the first respondent -Himachal Pradesh University (hereinafter referred to as "the University"). He is also a member of various bodies/ authorities including the Academic Council of the University. He has challenged, inter -alia, herein : (a) the action of the Vice -Chancellor (hereinafter referred to as "the second respondent") to grant provisional admission to the fifth respondent in M. Sc., Chemistry Degree Course, First Semester, 1987 -88 session, in the month of November, 1987, (b) the decision of the Executive Council of the University taken in its meeting held on January 12, 1988 to create a supernumerary seat for the fifth respondent in M. Sc., Chemistry Degree Course, First Semester 1987 -88 session, against the "cultural quota" and (c) the action of the University and of the second and third respondents the third respondent being the Chairman of the Department of Chemistry in the University in permitting the fifth respondent to appear in the M. Sc. First Semester Theory Examination held in January, 1988 although she had not attended a single class or done any practicals. The consequential reliefs which he seeks are to restrain the University from declaring the result of the fifth respondent in the Theory Examination and from allowing her to take her Practicals Examination and to direct the second respondent to perform his statutory duty under section 12 -C (4) of the Himachal Pradesh University Act, 1970 (hereafter referred to as "the Act").

(2.) The petitioner submits that in moving the present petition, he is acting bonafide and has been actuated solely by a strong sense of duty, a deep concern for the academic discipline and standards and a sincere desire to uphold the rule of law and that having regard to the various positions held by him such as the Professor and Chairman, the Dean and a Member of the various bodies/authorities of the University and as a socially conscious citizen he has sufficient interest in the matter. He has elaborated upon the locus standi to maintain the present petition in paragraphs 2 and 9 of the petition as well as in the additional affidavit dated April 30, 1988 filed during the pendency of the petition.

(3.) Before dealing with the factual aspects of the case, it is necessary to advert to the backdrop as well as to certain statutory provisions. The University is both a teaching as well as an affiliating University. The Faculty of Science is one of the Faculties constituted by the University and the Department of Chemistry is under the said Faculty. M. Sc, Chemistry, is one of the Degrees which is awarded by the University and the course of study for the said Degree is organised and arranged in the Department of Chemistry. The duration of M. Sc, Chemistry Degree Course, is two academic years spread over four semesters.