ASSOCIATE DEAN INCHARGE ACADEMIC AND ADMINISTRATION FACULTY OF VETERINARY SCIENCE AND ANIMAL HUSBANDRY SRINAGAR Vs. UNIVERSITY OF AGRICULTURAL SCIENCE AND TECHNOLOGY

JUDGEMENT

(1.) Respondents Mohd. Hyder and Javid Ahmad Baba are students of BVSC Course of Sheri-Kashmir University of Agricultural Sciences and Technology Shalimar, hereinafter, "SKUAST". They have been admitted for the Session March, 1995. Both have been dropped from the programme of BVSC and allied programme vide notifications dated 26-6-97 (Annexure P6 and P7 to main writ petition) because they failed to secure the minimum OG PA of 1.250 required for continuation under Regulation 16 of Regulations on Resident Instruction. These notifications (Annexures P6 and P7) are under challenge in the writ jurisdiction of this Court. The writ petition is at pre-admission stage. Co-extensive with the main petition, operation of the impugned orders where under petitioners were dropped from BVSC and AH programme are stayed, subject to the objections of the other side. This interlocutory order of stay of the notifications came up before the learned single Bench of this Court on 26-12-1997. the learned single Bench with a view to determine the effect of stayed impugned orders on the petitioners, in the light of their continuance in the course and the session from which they will be deemed to be continued, if so, passed an order calling upon the respondents to provide the Court following information :-

(2.) The SKUAST feeling aggrieved of this order filed the present L.P.A. with regard to the last limb of the order in terms requiring the respondents to put the petitioners to external examination for the first and second semester in terms of their prayer in para 25(1)(b) of their writ petition.

(3.) That having examined the record of this case, we find that the facts and circumstances necessary for purpose of this appeal are succinctly produced hereunder :-SKUAST has been established under Sheri-Kashmir University of Agriculture Act, 1982. Among other things, it is to impart training in BVSC and A.H. Course to the selected students. The writ petitioners before the writ court were selected to undergo courses in BVSC and A.H in the Academic year 1994-95. Whereas, as per the writ petitioners they were to be assessed and evaluated by the respondents under Indian Veterinary Council Act, 1984 and rules and regulations of 1993 framed thereunder. In terms of the said rules, the writ petitioners were to be assessed and evaluated for 50% internally and for remaining 50% through Board/external examination. The University has assessed the petitioners wrongly under Regulation 16 of Resident Regulation Instructions, hereinafter referred to as "RRI". The respondents-SKUAST and its officials are contesting this stand and the cause they are projecting before the court is that the students are evaluated and examined for the course and programme in BVSC and AH semesters, under RRI after the Board of Management of the University in its meeting on 3-3-1997 adopted the resolution. The Indian Veterinary Council of India Regulations 1993 is not applicable to the State of JAMMU and KASHMIR and consequently Rules and regulations framed thereunder are also not extended to the State. By the impugned direction, the Hon'ble Single Judge has issued a direction to the SKUAST to put the aforesaid students to Board/external examination for the first and second semesters, so that they could be assessed in terms of the petitioners prayer with a view to enable the writ court to pass further orders and directions in the matter. The order no where speaks that the writ court has decided that the students are necessarily to be examined and evaluated on external examination under the Veterinary Council of India system. The Court has simply passed directions with a view to seek information on the subject and not to pass a final order so as to determine whether the students are to be examined under Veterinary Council of India or RRI system.