O. Chinnappa Reddy, J. - (1.) Special Leave granted.
(2.) This appeal by special leave is directed against a judgment of the Allahabad High Court quashing a resolution dated May 6, 1986 by which it was proposed to hold an Entrance Test for admission to the Degree Courses in Arts, Science and Commerce of the Allahabad University, while at the same time recording a finding that 'the entrance test for admission to Degree Courses of Arts, Science and Commerce of the University cannot be characterised as arbitrary, illegal or irrational in view of the fact that the standard of students passing Intermediate Examination or equivalent examinations thereto is deteriorating now-a-days.' The principal ground on which the High Court struck down the resolution was that there was no emergency to justify the Vice-Chancellor having recourse to the provisions of S. 13(6) of, the Uttar Pradesh State Universities Act for the action taken by him; the legitimate thing to do was to constitute an Admissions Committee as contemplated by S. 28 of the Act to consider the matter and to give an opportunity to the Academic Council to approve or disapprove the new policy. It is now practically conceded that the resolution dated May 6,1986 was that of the Admissions Committee, whether properly constituted or not, and not that of the Vice-Chancellor and that there was, therefore, no question of the Vice-Chancellor taking recourse to the provisions of S. 13(6) of the Act. However Shri Srivastava, learned Counsel for the Student Federation of India and Shri Tarkunde, learned Counsel for some of the members. of the Academic Council supported the conclusion of the High Court on several grounds which we shall presently consider. Shri Shanti Bhushan and Shri Gupta, learned Counsel for the University assailed the judgment of the High Court.
(3.) We may now state a few relevant facts. The Uttar Pradesh State Universities Act was enacted in 1973. Section 12 of the Act prescribes the mode of appointment and the conditions of service of the Vice-Chancellor and S. 13 prescribes his powers and duties. In particular S. 13(6) enables the Vice-Chancellor to take such action as he may deem fit if any matter is of an urgent nature requiring immediate action and the same cannot immediately be dealt with by any officer or authority or other body of the University empowered by or under the Act to deal with it. The Vice-Chancellor, however, is required to forthwith report the action taken by him to the Chancellor and also to the officer, authority or other body who would have dealt with the matter in the ordinary course. Section 19 designates the authorities of the University among whom are the Executive Council, the Academic Council and the Admissions Committee. Section 20 provides for the constitution of the Executive Council and S. 21 prescribes the powers and duties of the Executive Council. Section 21(1)(iii) enables the Executive Council to make, amend or repeal Statutes and Ordinances. Section 25 provides for the constitution and the powers and duties of the Academic Council, who is to be the principal academic body of the University. It is expressly provided that it shall have the control and general regulation of, and be responsible for the maintenance of standard of instruction, education and research carried on or imparted in the University and that it may advise the Executive Council on all academic matters including matters relating to examinations conducted by the University. Section 28 provides for the constitution of the Admissions Committee and its powers and duties. The Constitution of the Admissions Committee is to be such as may be provided for in the Ordinance. Subject to the Superintendence of the Academic Council the Admissions Committee is required by S. 28(3) "to lay down the principles or norms governing the policy of admission to various courses of studies in the University. Section 28(4) also enables the Committee to issue directions" as respects criteria or methods of admission (including the number of students to be admitted) to constituent colleges maintained by the State Government and affiliated or associated colleges' and prescribes that such directions shall be binding on such colleges. Sec. 45 deals with 'admission of students' and prescribes "No student shall be eligible for admission to the course of study for a degree unless- (a) he has passed- (i) the Intermediate Examination of the Board of High School and Intermediate Education, Uttar Pradesh, or of any University or Board incorporated by any law for the time being in force; or (ii) any examination, or any degree conferred by any other University, being an examination or degree recognized by the University as equivalent to the Intermediate Examination or to a degree of the University; and (b) he possesses such further qualifications, if any, as may be specified in the Ordinances; Provided that the University may prescribe by Ordinance any lower qualifications for admission to a degree in Fine Arts." Section 51(2) stipulates that an Ordinance shall provide for, among other things, 'the admission of students of the University and their enrolment and continuance as such'. Section 52 enables the Executive Council to make, from time to time, 'new or additional Ordinances' or 'amend or repeal' the first Ordinances of existing Universities. Proviso (a) to S. 52(2) prescribes that no Ordinance shall be made "affecting the admission of students or prescribing examinations to be recognized as equivalent to the University examinations or the further qualifications mentioned in sub-section (1) of section 45 for admission to the degree courses of the University unless a draft of the same has been proposed by the Academic Council. Section 72(1) requires the authorities of the Universities to be constituted as soon as may be after the commencement of the Act and prescribes that every person holding office as member of such authority immediately before the commencement of the Act shall cease to be such member on the commencement of the Act. Section 72(2) enables the State Government to direct who may discharge what powers, duties and functions under the Act until the Constitution of new authorities.;