FAIZULLAH PEER Vs. UNION OF INDIA
LAWS(ALL)-1991-4-52
HIGH COURT OF ALLAHABAD
Decided on April 22,1991

FAIZULLAH PEER Appellant
VERSUS
UNION OF INDIA Respondents

JUDGEMENT

- (1.) In this petition counter and rejoinder affidavits have been exchanged between the parties. Shri B.D.Mandhyan, learned counsel appearing for the petitioners and Shri J. N. Tiwari, learned counsel appearing for the respondents, have agreed that this petition may be heard and finally disposed of at this stage.
(2.) The petitioners have filed this petition challenging the list of selected candidates for admission to doctoral degree programme in Indian veterinary Research Institute Izat-nagar, Bareilly (hereinafter referred to as I.V.R.I.) for the year 1990-91.
(3.) Necessary facts giving rise to this dispute are that in the months of May-June, 1990, respondent No. 3 published an advertisement inviting applications for admission to Master and Doctoral Degree Programme for which a competitive written examination was to be held on 28-7-1990. The advertisement has been filed as Annexure I to this petition. In this advertisement, total 18 disciplines have been mentioned for doctoral degree programme (Ph. D.). The eligibility for the aforesaid test mentioned in the aforesaid advertisement was at least 60% marks in aggregate in Master's Degree examination in the relevant subject for Scheduled Caste and Scheduled Tribes candidates the percentage mentioned is 55%. As all the three petitioners applied for admission to Doctoral degree programme, the items relating to Master's degree programme in the advertisement are not relevant. In this advertisement the procedure for making application has also been mentioned and under a heading 'Note' guide lines have been provided. Some of the guidelines which are relevant for the present writ petition are being reproduced below:- (iii) A candidate may indicate two disciplines of his choice in order of preference in the column provided in the application according to the eligibility qualifications; (iv) 15% and 7.5% seats are reserved for SC and ST candidates respectively. (vi) Final selection will be based on academic career and performance in the Competitive Examination. (viii) No. of Seats 10-15 seats are available in Biotechnology and 3-5 seats in rest of the disciplines. (ix) Financial assistance in the form of IVRI Fellowship (Junior/Senior) shall be offered to the selected students on certain terms and conditions.;


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