VIDHYARTHI SANRAKSHAN SAMITI JODHPUR Vs. UNIVERSITY OF JODHPUR

JUDGEMENT

(1.) THE Vidhyarthi Sanrakshan Samiti Jodhpur has filed this writ petition under Article 226 of the Constitution seeking relief against the University of Jodhpur that the students being the last batch under the old course having passed the Senior Higher Secondary Examination 1990, may be allowed admission in second year of three year degree old course in the year 1990-91. THE petitioner Samiti's case is that the students who have passed the senior higher secondary examination in the year 1990 were students of higher secondary, secondary and 9th class in the sessions 1988-89, 1987-88 and 1986-87 respectively. THE students have thus studied under the old course. Having undertaken THE old course and cleared the senior higher secondary examination in the year 1989-90, THEy are entitled to get admission in the second year of three year degree old course in the year 1990-91, Such students have been denied admission in the second year old course, According to the petitioner samiti, the students who had passed senior higher secondary examination in the year 1988-89, were given admission in second year old course, the batch of students who have cleared senior higher secondary examination is the year 1989-90 cannot be discominated and they stand on the same footing so they are entitled to be given admission in the second year old course. Besides that the petitioner's case further is that 10+2+3 scheme introduced by the university cannot have any retrospective effect so as to affect the rights of the students who have undertaken old course right from 9th class. It is on this basis that this writ petition is founded. It is also one of the contention of the petitioner that the new scheme could not be made applicable to the students without giving them an opportunity of hearing and the introduction of the new scheme is violative of the principles of natural justice.

(2.) THE case of the university is that 10+2+3 scheme has been introduced being the national education scheme. It has already been introduced throughout the country and on same of the universities of Rajasthan as well and for introduction of this new scheme necessary amendments have been made and transitory provisions have also been enacted. THE new scheme was introduced by the university from the not retrospective operation and besides that no discrimination is any way caused to the batch of students who have appeared in the Senior higher secondary examination in the year 1989-90. In the return to the writ petition reference have been made to the provisions of the ordinances in pursuance of which new scheme has been introduced and how and in what manner transitory provisions have ben enacted so as to facilitate the change over from the old course to the new course. We would be referring to the relevant provisions while considering the contention of the learned counsel for the petitioner as to whether the elusive scheme introduced is retrospective in effect. We may state here that now scheme has been introduced by the University of Jodhpur, 1st year T. D. C. (old) has been abolished from the session 1989-90, second year T. D. C. (old) has been abolished from the session 1990-91 and third year T. D. C. (old) has been abolished from the session 19991-92 and how transition would come into effect, has also been provided during all these sessions.

(3.) A perusal of ordinance 373 would reveal that in order to implement national education policy, Three Year Degree Course (New Course) has been introduced from the academic session 1989-90 and for that equivalence of courses has been provided, Second Year T. D. C. and Third Year T. D. C. would be equal to Second Year T. D. C. and it is provided that University will abolish First Year T. D. C. from the Session 1989-90 and Second T. D. C. from 1990-91 and Third Year T. D. C. from 1991-92. In subsequent Ordinances proviso has been added. Reference here may be made to the In ordinance 33, Ordinance 35 and Ordinance 36-B. ordinance 33, it is clearly provided in the proviso that no candidate shall be admitted in the First Year Examination of Three Year Degree Course (Old) from the Academic Session 1989-90. In Ordinance 35 to the main provision, a proviso has been added that no candidate shall be admitted to the Second Year Examination of the Three Year Degree Course (Old) from the Academic Session 1990-91 and under Ordinance 36-B Clause (l) a further proviso has been added which provides that such of students who are eligible to seek admission in the First Year of New Course shall be given an option to seek admission in either First Year (New Course) or Second Year of Old Course During the Academic Session 1989-90 only. It would appear from this provision that option was available for the Academic Session 1989-90 and for the year 1990- 91 on option was available to the students in view of the clear prohibition that no candidate would be admitted to the Second Year Examination of Three Year Degree Course (Old) from the Academic Session 1990-91. Having regard to the above provisions it would appear that provisions cannot be said to have any retrospective operation as they have been made applicable from the coming Sessions.