MISS NIHARIKA TAK Vs. UNIVERSITY OF JODHPUR

JUDGEMENT

(1.) THE petitioner -appellant whose writ petition Under Article 226 of the Constitution was dismissed summarily by the learned single Judge vide order dated April 2, 1981 has filed this appeal Under Section 18 of the Rajasthan High Court Ordinance, 1949. It may be stated that the learned single Judge dismissed the three writ petitions by a common order. The appellant shall be referred as the petitioner here in after.

(2.) THE petitioner passed the Intermediate Examination from the Board of Secondary Education, Madhya Pradesh, Bhopal. She applied for addmission to Part II of the Three Years Degree Course (TDC) of the University of Jodhpur (which will here in after be referred to as the University') at Kamla Nehru College, Jodhpur for the academic year 1980 -81. Ordinance 35 framed by the University in 1978 lays down the conditions with regard to the eligiblity for admission to Part II of the TDC. It prescribes that the students who have passed 1st year TDC Examination of the Universities of Rajasthan or any other recognised University or have passed the Intermediate Examination from any recognised University Board with General English and General Hindi as compulsory subjects shall eligible for admission to Part II of the TDC. The petitioner had not passed the Intermediate Examination of the Board of Secondary Education, Madhya Pradesh, Bhopal with General English as a compulsory subject. The petitioner was, however, admitted to Part 11 of the TDC at Kamla Nehru College, in September 1980. She deposited the fees. By order (Aunexure -3) dated September 25,1980, the admission of the petitioner was cancelled on the ground that she had not passed the General English at the qualifying examination. Aggrieved by the order (Annexure -3) dated September 25, 1980 cancelling the admission of the petitioner, the petitioner filed the writ petition in this Court on October 29, 1980 praying that by an appropriate writ, order or direction, the University may be asked to withdraw the notification dated July 31, 1980 issued by the Registrar and to strike down Ordinance 35 of the University. Registrar, University of Jodhpur and Director, Kamla Nehru College for Women, Jodhpur were impleaded as respondents No. 2 and 3 respectively. No relief was prayed for in the writ petition for quashing the order (Annexure -3) dated September 25, 1980 by which the petitioner's admission was cancelled.

(3.) A reply to the show cause notice was filed on behalf of the respondents contesting the writ petition on various grounds, on December 10, 1980. On April 2, 1981, an application for amendment of the writ petition was filed on behalf of the petitioner praying that leave may be granted for amending the writ petition by incorporating the prayer for quashing the Aunexure -3 dated September 25,1980.