KURUKSHETRA UNIVERSITY Vs. RURAL COLLEGE OF EDUCATION KAITHAL

JUDGEMENT

(1.) Whether the guidelines issued by the Kurukshetra University to all the Colleges of education affiliated thereto for the purposes of admission to the B. Ed. Course for the session of 1977-78 (Annexure P. 3), are within the ambit of the statutory provisions of Ordinance 1 framed under the Kurukshetra University Act, 1956, is the solitary; though meaningful, question which arises in this appeal under clause 10 of the Letters Patent.

(2.) Though the issue aforesaid is manifestly legal, the matrix of facts giving rise to the same nevertheless call for some detailed notice. The Rural College of Education, Kaithal, managed by the Rural College Society is a body registered under the Societies Registration Act. It was established in the year 1970 and it does not seem to be in serious dispute that one of the aims and objects of the society was the maintaining of educational institutions for the social and political education amongst the rural masses. Originally, this institution was affiliated with the Punjab University which at' the time had territorial jurisdiction over the area, but in July 1978 it was disaffiliated therefrom and affiliated with the Kurukshetra University. There is a history of litigation between the respondent college and the University which is no longer of any relevance and it suffices to mention that for the session of 1977-78, the University forwarded the guidelines for admission to the B. Ed. Classes (Annexure P/3 to the Writ Petition) and further directed that the students having domicile in Haryana, whether belonging to rural or urban areas would lie eligible for admission. The respondent-college objected to the issuance of the guidelines alleging that the University had no authority to fetter its right to admit students nor could it be compelled under the instructions to confine admissions to the students of Haryana State only, irrespective of their urban or rural background.

(3.) Despite the guidelines issued by the Kurukshetra University, the respondent- college inserted an Admission Notice in 'The Tribune' of July 24, 1977 that only persons born or educated in a village anywhere 1n India need apply for admission in the college. At the stage of the admission of the students, the University deputed Dr, A. P. Sharma and Dr. B. R. Gupta to be the members of the Admission Committee constituted under Ordinance-1 along with there others reporting the respondent college At the time ad holding interviews the aforesaid two members representing the Kurukshetra University (hereinafter called as the University insisted That the students having domicile in Haryana irrespective of the fact whether they belong to Rural or Urban areas should be granted admission and when this was not agreed to by the others, the two nominated members withdrew from the Committee under protest and did not participate in the admission interviews The remaining members admitted 100 students who had their education in rural areas anywhere in India The University, however, took the stand that this admission was in derogation of the guidelines issued by it end consequently illegal, but. the president' of the governing body of respondent-college stuck to the stand and further questioned the University's power to issue the guidelines. Ultimately, the appellant- University served a showcause notice as to why it should not be disaffiliated as they had admitted students in patent violation of the guidelines issued by the University to which the respondent-college took the stand that the University had no power to issue the guidelines. Ultimately, the Executive Council of the University vide its letter Annexure P/12 to the Writ Petition decided to disaffiliate the College with effect from the Session of 1977-78 and further informed that the students admitted by the College ewer not beings registered by the University.