Sudbir Narain, J. - (1.) THIS special appeal is against the order of the learned Judge whereby the claim of the appellants to be admitted in B.Sc., Agriculture and B Tech. Engineering without entrance test was rejected
(2.) THE facts in brief are that Allahabad Agricultural Institute. Naini, Allahabad (hereinafter referred to as the Institute) is a Christian minority Educational Institution. It imparts education in Inter Agriculture, Inter Home- Science, Indian Dairy Diploma, B.Sc. In Agriculture, B Sc. Home Economics. B. Tech. Agriculture Engineering. M.Sc. Agriculture and M Sc. in Agriculture Engineering. Each year the Institute issues prospectus providing for the eligibility for admission to the students to various courses. The appellants applied for admission to Intermediate Agriculture in the academic year 1990-91. They appeared in the entrance test for admission in Intermediate Agriculture and having passed the test they were admitted to Intermediate Agriculture course of the Institute. The appellants claim to have passed Intermediate Agriculture and sought admission to B.Sc Agriculture without any entrance test for the year 1992-93. Their claim is based on the fact that at the time of their admission to Intermediate Agriculture course in the Institute the admission to B.Sc. Agriculture was given to the students of the Institute who had passed Intermediate Agriculture without any test. It is relevant to extract the relevant clauses of the prospectus relating to admission to B.Sc, Agriculture for the years 1990-91, 1991-92 and 1992-93. Prospectus 1990-91 There was exemption from the entrance test to the told students seeking admission to B.Sc. Agriculture, It provided as follows : "Old students seeking admission to B So. Agriculture are exempted from the entrance test provided disciplinary action has not been taken against them." Prospectus 1991-92 In the prospectus for the year 1991-92, admission policy for admission in B.Sc. Agriculture was changed to the extent that old students were exempted from entrance test provided they had passed the qualifying examination in at least II division) Clause 8 of the admission policy provided as follows :- "(8) No candidate shall be admitted if he/she has not qualified in the Entrance Test, however, for admission in B.Sc, Agriculture, M Sc. Agriculture, Staff Wards and Old students are exempted from entrance test provided they have passed qualifying examination in at least second division." Prospectus 1992-93 In the prospectus of the year 1992-93 the admission policy to the course of B Sc. Agriculture, B. Tech. Agriculture Engineering were further changed. It provided that admission to these courses shall be only on the basis of Entrance Test. The relevant clause is reproduced below :- "Admission to the Degree of Bachelor of Science in Agriculture shall be open to any candidate who has passed the Intermediate examination in Agriculture or Science (Physics, Chemistry and Mathematics/Biology) only of the Board of High School and Intermediate Education U. P. or any other equivalent examination recognised by the Allahabad University. All eligible candidates are required to take E.T. for admission."
(3.) IT is important to note that in each of the prospectus a heading of 'Important Informations' was given - (1) You can apply before you sit in the qualifying examination and or before the result of the qualifying examination is announced. (2) You will be considered for admission on the basis of entrance test merit. Further notes no. 2 was added which is reproduced - "All rules given in the Prospectus are in force until withdrawn. The Institute authorities reserve the right to alter amend or add to the rules given in this prospectus. New rules, as well as the old, will be binding on all students." From the various clauses of the prospectuses quoted above, it is clear that the life of prospectus was only for one year and secondly rules given in the prospectus was to remain in force unless withdrawn. The learned counsel for the appellants urged that when the appellants were submitted to the course of Intermediate Agriculture in the Institute, the relevant prospectus governing the rules for them was prospectus of the year 1990-91. It laid down the rules regarding admission to B.Sc. Agriculture and at that time all the appellants had taken admission in the Intermediate Agriculture with a view that in case they pass Intermediate Agriculture in the Institute they will be entitled to be admitted without any entrance test in B.Sc. Agriculture. The rules which were prescribed in the prospectus of 1990-91 amounted to a promise to the appellants and having charged the prospectus in the year 1992-93 according to which they can not be admitted in B.Sc Agriculture without entrance test, their rights have been affected. The Institute is bound to admit the appellants on the principle of promissory estoppel. He placed reliance on Suresh Pal v. State of Haryana, AIR 1987 SC 2027. In this case certain students joined certificate course in physical education of an Institute recognised by the Government of Haryana. While students had received instructions the Haryana Government derecognised the certificate course with the result those students who had already joined the course and had obtained certificate, their certificates became useless for obtaining service as Physical Training Instructor In Haryana The Supreme Court held that derecognition of the certificate course after the students had completed the course will be unjust as at the time of joining the Government had recognised such course. The facts of the present case are different. The appellants had not joined the B.Sc. Agriculture in the year 1990-91. The prospectus of the year 1992-93 came into force with effect from April 1992 before the appellants had appeared in the Intermediate (Agriculture) examination.;