R.A. Sharma, J. - (1.) IN all these writ petitions common questions of law and facts have been raised and as such are being decided by one common judgment. With the consent of the learned Counsel for the parties, Writ Petition No. 31985 of 1991, Amir Husain v. Allahabad Agriculture Institute, Naini, Allahabad has been made the leading case.
(2.) BEING aggrieved by refusal of admission to B. Tech. (Agricultural Engineering) and B. SC. (Agriculture) in the academic year 1990 -91 and 1991 -92 by Allahabad Agriculture Institute, Naini, Allahabad (hereinafter referred to as the Institute), Petitioners have filed these writ petitions for appropriate relief. The Institute has filed counter affidavit and the Petitioners have filed rejoinder affidavits in reply thereto. I have heard the learned Counsel for the parties and these writ petitions are disposed of accordingly.
(3.) THE Institute, which is a minority institution established by Christians Religious Minority, imparts education in Agriculture Science. For the academic years 1990 -91 and 1991 -92 it published the admission policy laying down rules for admission to various courses including B. Tech. (Agricultural Engineering) and B Sc. (Agriculture) providing for entrance test for selecting candidates for admission. Although, in the rules there is no reservation of seats in favour of any person, certain classes of candidates are given weightage, which is liable to be added in the entrance test score. The relevant Rules are reproduced below : (2) To qualify in Entrance Test (E T), a candidate must score at least 40 percent marks in the E.T. aggregate. (3) There is no reservation of seats, however, following weightage will be added in the E.T. score. (i) Old student 20 percent (ii) Staff Ward 20 percent (iii) Church sponsored 20 percent (iv) SC/ST 20 percent (v) Government sponsored 10 percent (vi) Girls Candidate 10 percent (vii) Alumni Ward 5 percent (4) A single merit list based on the performance in E.T. will be prepared. (5) A candidate will be considered for only one weightage. (6) Weightage as given above will be added to the E.T. score only when candidate has qualified in the Entrance Test. (7) Candidates against whom disciplinary/Police action has been taken will not be considered for admission. (8) No candidate shall be admitted if he/she has not qualified in the Entrance Test, however for admission in B. Sc. Ag. M. Sc. Ag. Staff Wards and old students are exempted from Entrance Test provided they have passed the qualifying examination in at least second Division. Also for admission in M. Sc. Ag. Engg. Old students and staff wards are exempted from E.T. provided they have passed the qualifying examination in at least first division for admission in Intermediate Agriculture Staff wards are exempted from Entrance Test provided they have passed High School Examination in at least second division. (9) There is no reservation of seats, however, only those seats which are vacant after admitting old students, and staff wards, shall be made available to candidates of other categories. (10) No candidate, other than staff ward and old students, shall be admitted in any course listed in D (1) if he/she has not qualified in the Entrance Test.;