SKUAST Vs. ANIL PATHANIA

JUDGEMENT

(1.) Ltters patent appeals arise out of an interim order of the Learned single Judge dated 13-9-2001 which has the effect of granting admission to respondent No.1 (writ petitioner hereinafter) to the course of BV. Sc. and Animal Husbandary Programme. LPA 150/2001 is filed by Sher-i-Kashmir University of Agricultural Science and Technology (for short SKUAST) and LPA No. 149/2001 is filed by a candidate 'who claims entitlement to the seat.

(2.) The question which calls for consideration is whether a candidate can be considered for admission to the course under the sports category without a certificate being enclosed with the application form. When the LPAs came up for consideration, LC for the parties agreed to the disposal of the writ petition as well so that air of uncertainty no more hangs over the career of the candidates. On such consensus, LC for the parties were but after concluding the arguments Mr. Raina appearing for the writ petitioner chose to withdraw the consent which is at the cost of public time. Had he not consented to the disposal at the outset it would have taken us hardly a few minutes to pass appropriate orders. In fact he was heard at length in the writ petition obviously, withdrawal of consent is immaterial and such reprobation cannot prevent the Court from deciding the matter, nonetheless being alive to the principle that justice should not be done it should manifestly be seen to have been done, we choose to leave the disposal of the writ petition to the wisdom of the Learned writ Court and proceed to decide the LPAs only by this common judgment.

(3.) The facts material for disposal may be noticed. SKUAST issued a notification vide its No. AU/J/ACAD/1/570 dated 26-6-2001 inviting applications on the prescribed forms from eligible permanent state subjects of the state for admission to BV.Sc. Animal Husbandary Programme besides B. Sc. Agriculture for academic session 2001 and the last date for receipt of application forms was appointed in the notification viz. 6/8/2001. In so far as eligibility criteria goes it is published in the Information Bulletin (brochure hereinafter) by SKUAST which is relied upon by the writ petitioner and forms annexure G to the petition. Consequent upon the aforementioned notification the writ petitioner applied for BV.Sc. and B. Sc. Agriculture under sports category. Provisional select list of candidates to BV. Sc. and Animal Husbandary Programme and B. Sc. Agriculture courses was issued vide notification No. 10-Acd. of 2001 dated 24-9-2001. The selected candidates were directed to report to the SKUAST for counselling along with all necessary certificates/documents in original on 3rd and 4th of September stipulating further that failure to attend on the dates specified was likely to result in cancellation of the selection and the seat would be filled in by a candidate from waiting list. Writ petitioner being one of the provisional selectees was also required to report for counselling. His selection was cancelled among others vide notification No.11/Acad. of 2001 dated 7-9-2001 attributing failure to him in reporting for counselling. This notification is impugned by the writ petitioner before the writ Court controverting the allegation of failure. The impression of writ petitioners failure to report for counselling appears to have been prima facie dispelled, resultantly discretion was exercised in his favour by the writ court by way of interim direction dated 13-9-2001 which reads :