SADANAND MISHRA Vs. FOREST RESEARCH INSTITUTE
SUPREME COURT OF INDIA (FROM: UTTARAKHAND)
FOREST RESEARCH INSTITUTE
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(2.)The appellant had passed B. Sc. in the year 1984 from the University of Allahabad with Physics, Chemistry and Mathematics as subjects. In response to an advertisement issued by Forest Research Institute at Dehradun, he made an application seeking admission for M. Sc. Environment management course of study which is a 2-years course. The advertisement, as also the prospectus, required bachelor's degree in any branch of basic or applied sciences or bachelor's degree in forestry or agriculture or BE in environment science as an eligibility qualification. The B. Sc. exam. passed by the appellant in the year 1984 was 2-years course. An entrance test was held and the appellant was declared successful therein. By letter dated 1.9.2000, the appellant was informed that he was selected for admission in M. Sc. Environment management on the basis of merit secured in the written test. The appellant was called upon to deposit the admission fee. When the appellant approached the institute for depositing the admission fee, he was informed that he could not be allowed admission inasmuch as the eligibility requirement as adopted by the institute was that the appellant should have passed B. Sc. with 3-years course of study. Feeling aggrieved by the refusal of the institute to grant the appellant an admission, a writ petition was filed before the high Court of Uttaranchal at Nainital. The high Court dismissed the writ petition on the ground that the appellant did not satisfy the requirement of having passed 3-years degree in B. Sc. The appellant has filed this appeal by special leave.
(3.)During the course of hearing, it is not disputed that in the State of Uttar Pradesh, the pattern of 3-years degree course at the graduate level was introduced only in the year 1985-86 and till then, the pattern followed by all the universities was 10+2, i. e. , 2-years graduate level course after passing standard or intermediate. It is not the case of the respondents, nor could it have been, that after introduction of 3-years graduate level course of study, the degrees earlier given to the students, who had passed 2-years graduate level course of study, were de-recognised or had ceased to be recognised. Inasmuch as the eligibility qualification prescribed by the university for admission in M. Sc. was only of having passed B. Sc. without an additional condition that graduate level course of study undertaken by the graduate should have been a 3-years graduate level course of study, admission to the appellant could not have been denied simply because he had secured b. Sc. degree by undergoing 2-years course of study at a point of time when b. Sc. degree was given after undergoing two years course of study only. We are, therefore, of the opinion that the ground on which the appellant was denied admission was wholly irrelevant and the High Court also proceeded to dispose of the writ petition filed by the appellant on a ground which is not germane. Yet another reason assigned by the High Court is that the appellant, who had passed B. Sc. in the year 1984, was seeking admission in M. Sc. in the year 2000, i. e. , after a period of 16 years and therefore, "it would not be just, expedient or appropriate to direct the admission to the petitioner for the postgraduate course in environment. "
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