K.N.Singh, J. - (1.) The petitioners who are 25 in number claim that they have been validly to First Year diploma course in Homoeopathy for the Year 1977-78 in the Allahabad Homoeopathic Medical College. The State Government and the Principal are not treating them to be validity admitted students and they are not being permitted to continue their studies. The petitioners have claimed order for the issue a writ of certiorari quashing the order of the Deputy Director (Homoeopathy)-cum-Controller of Homoeopathic Medicine Board, U.P , Lucknow dated January 25, 1978 and also consequential order of he Principa1 of the college nothing cancellation of the petitioner's admission The petitioners have further claimed relief for issue of a writ of mandamus directing thee respondents not to enforce the Controller's order dated January 25. 1978 and further not to interfere with the petitioners continuing their studies in the respondents Homoeopathic College.
(2.) Learned counsel for the petitioners urged that since the petitioners were admitted by the Principal in accordance with educational qualification prescribed and further as the petitioners had deposited necessary fee they acquired right to continue their studies for the first year diploma' course is the Homoeopathic College. There is no dispute that the Principal of the Allahabad Homoeopathic Medical College admitted the petitioners and accepted fee prior to July 21, 1977 bet the Principal later on issued a notice cancelling the petitioner's admission. This step was taken by the Principal in view of the directions issued by the Controller, Homoeopathic Medicine Board, U P., Lucknow and the State Government. The circumstances leading to the issue of the cancellation order are necessary to be noted. In order to appreciate the petitioners' contention, it is necessary to refer to the circumstances leading to the issue of the impugned order. The Board of Homoeopathic Medicine Uttar Pradesh has framed Regulation under Section 55 of the U.P. Homoeopathic Medicine Act, 1951 laying down curriculum for the diploma course as well as the qualification for the admission to the said course. The Principal of the Allahabad Homoeopathic Medical College admitted the petitioners for the diploma course for the sessions 1977-78 in accordance with the regulations and directed by the State Government that admission to diploma course should be stopped until further orders. An ordinance was promulgated on S.S., 1977 and the U. P. Homoeopathic Medicine Board was superseded and the respondent no 2 was appointed controller to discharge functions and duties of the Board under the Act The State Government the after prescribed qualifications for admission to the first year diploma course by means of Government order dated December 17, 1977 and it directed that the admission should be made on the basis of the directions contained therein. It is note-worthy that prior to the issue of Government order dated December 17,1977, was requisites educational qualification for admission to the first year diploma course the High School while under the said Government order the minimum qualification for admission to the first years diploma course was prescribed to be Intermediate in Science having the subject of Biology. Since-the petitioner did not fulfill the said qualification, the Principal cancelled their admission.
(3.) The petitioners' contention that since the Principal admitted them to the first year diploma course and accept d admission fee. the petitioners have a legal right to continue their studies in the first year diploma course and the directions issued by the Government raising minimum educational qualification on December 17. 1977 was not applicable to them In the counter affidavit filed by Sri A.C Saxena, Deputy Director (Homoeopathy) cum-Controller of Homoeopathic Medicine Board, U. P , Lucknow, it is stated that the Principal acted without any authority of law in making admission in July 1977 for the Sessions, 1977-78. In fact examinations for the first year diploma course for the 'Sessions 1976-77 had not taken place Till today, we are informed by the counsel for the parties the first year diploma course for the session 1967-77 has not taken place as the Homoeopathic Medical College, Allahabad was closed for roost of the time on account of students' unrest and strike. If the examinations of 1976-77 had not taken place till July, 1977, there was no occasion for admitting students for the year 1977-78 studies which have not commenced even as vet. It is unfortunate that because the students'trouble and unrest, the session of 1977 has not been completed. The examinations have rot taken place and it is further unfortunate that the admission for 1977-78 has not commenced as yet bat the fact remains that there was no justification for the Principal to admit students to the first year diploma course in July 1977 when the earlier session of 1976-77 ha1 not finished and the examinations had not taken place Th r Principal further committed mistake in making the admission in pursuance of the qualification laid down for the year l976-76. It appears that the Board and the state Government used to issue directions relating to admission every year no directions were issued by the Board or by the State Government regarding the admissions for the year 1977-78 and yet the Principal made admissions on the basis of directions issued for the year 1976-77 for this reason also the students who were admitted to the diploma course in July, 1977 acquired no legal right to continue their studies as they/ailed to fulfill the minimum educational qualifications as laid down by the Government order dated December 17, 1977.;