VIRANDER KUMAR GUPTA Vs. UNIVERSITY OF JAMMU

JUDGEMENT

(1.) THE petitioner, a Law Graduate from Delhi University, applied to the first respondent, the University of Jammu, for admission to the course of Diploma in Business Management in October 1979. His application was rejected on the ground that under Statute No. 8 contained in Chapter No. XVI of the University Statute, first preference for admission to a Post -graduate course was to be given to those candidates who had not already undergone any Post -graduate course. The petitioner, according to the respondents, having already undergone LL. B. course, which in terms of the said Statute was a Post -graduate course, and candidates more than the actual number of seats available, who had not already under -gone any Post -graduate course having applied for the course of Diploma in Business Management, he could not be considered for the same. This information was conveyed to him by the second respondent, the Head of the Department of Commerce and Management of Studies, by means of letter No. CBM/79 -80/322 addressed to him on 15 -1 -1980. The petitioner has challenged the right of the respondents to refuse admission to him on the grounds ; firstly, that Statute No : 8 itself is unconstitutional as being discriminatory, irrational and mutually contradictory and secondly, that even if it were not so, yet LL B course as held by the Supreme Court in Smt. Juthika Bhattachrya vs State of M. P., AIR 1976 S. C. 2534, not being a Post graduate course the respondents could not refuse to consider him for the admission applied for in the premises, he has prayed that Statute No : 8 be struck down, letter No : DBM/79 -80/322 dated 12 -1 -1980 be by a writ of certiorari quashed, and the respondent be by a writ of mandamus commanded to grant him the admission applied for.

(2.) WHILE admitting these facts, by and large, the respondents have opposed the petition on the grounds ; firstly, that Statute No. 8 neither being irrational nor mutually contradictory and nor discriminatory is constitutionally valid and secondly, that LL. B course in terms of the explanation added to Statute No : 8 itself being a Postgraduate course, the observations made by their Lordships in AIR 1976 SC, 2534 (Supra) are not applicable to the present case. In the premises, it has been prayed that the petition may be dismissed with costs.

(3.) TWO questions which precisely fall for determination are :