SAYEED MOHD RAZA Vs. UNIVERSITY OF JAMMU

JUDGEMENT

(1.) THE petitioners, three in number, are Iranians. They came to India for higher studies. They graduated themselves from the University of Jammu. They passed B. Sc (Final) examination from the Jammu University securing 62. 3%, 61.57% and 60.07% from out of total marks allotted to Geology. They applied for M. Sc Geology course in the Jammu University pursuant to notice issued by the said University on 12 -8 -1983. A list of selected candidates for the Geology course was issued by the Head of the Department of Geology, University of Jammu, the 2nd respondent in this case. The petitioners were ranked as numbers 11,14 and 19 respectively. This list is Annexure -I. They were to produce the relevant certificates and deposit fee by the 10th of September, 1983. The 1st petitioner deposited his fee with the Department and obtained a proper receipt (Annexure -II). Subsequently, on 13 -9 -1983, the 2nd respondent issued notice No. 383/6 cancelling the admission of the petitioners. It is this cancellation order that is under challenge in this writ petition

(2.) THE cancellation order is challenged on the ground that the petitioners had secured a right by their inclusion in to original list, as being violative of the promise held out in the Brochure issued by the University and also as violative of Article 14 of the Constitution of India.

(3.) THE 1st respondent is the University of Jammu. In the affidavit filed on behalf of the respondents, the maintainability of the petition itself, is challenged. It states that the petition does not disclose any acceptable ground to make out that there has been any violation of either a statutory or legal right of the petitioners. The petitioners are foreign nationals and do not enjoy any fundamental rights under the Constitution. The University statutes governing grant and refusal of admission also do not create any right in favour of a foreign national.