M.K.MUKHERJEE, C.J. - (1.) These special appeals have been preferred against a common judgment passed by a learned Judge of this Court disposing of three writ petitions filed by three students who were denied admission to the M.B.B.S. course of the Banaras Hindu University, Varanasi (hereinafter referred to as the 'University') for the session 1992-93. Facts leading to the filing of the writ petitions and, for that matter, these appeals are as under.
(2.) In February, 1992, the University issued an advertisement inviting applications from eligible candidates to appear in the pre-Medical Test ('PMT' for short) which was to be held on 4/06/1992, for selection for admission to the 1st year M.B.B.S. course for the ensuing session. The total number of seats for the course open for all students was 50; besides 5 supernumerary seats were earmarked for the students of the University. The eligibility requirements and other details relating to admission to the course were incorporated in an information leaflet issued in connection with the test; and in respect of the supernumerary seats it was stated therein as under :- "A quota of 5 supernumerary seats is reserved for the bona fide students of degree course who have attended the prescribed courses of studies by having actually studied and pursued the course in accordance with the attendance requirement, that is having a minimum of 65% attendance in the course in 1991-92 session. The minimum attendance of 65% will be computed only at the end of the session for determining whether a student is on the roll of the University on the date of the PMT. A student who does not fulfill the minimum attendance of 65% will not be treated as a bona fide student on the roll of the University on any ground. The student will also be required to submit a 'Bona fide Student Certificate' only in the prescribed pro forma issued by the Institute of Medical Sciences B. H. U. No other certificate issued by any Faculty or College in any other format will be entertained. A separate merit list of such students will be drawn and they will be selected from amongst themselves in order of merit in the PMT. However, their names will also be placed on the general merit list in accordance with the marks obtained by them in PMT and they will be considered for selection against the general seats accordingly as was being done previously. In case of equal marks of the last seat the selection for the last seat will be made in accordance with the Clause 4 (a, b, c, d) above as applicable to the general candidates." In the PMT, held pursuant to the above advertisement, the three writ petitioners, namely, Ashish Rai, Anoop Tripathi and Km. Ruchi, all of whom were students of B.Sc. Course (Part I) of the University, figured as candidates, besides many others. In due course the results were declared and separate lists of the successful candidates for the 50% general and 5 supernumerary seats were published along with the names of those who were in the respective waiting lists. In the list of selected candidates for the supernumerary seats, the name of the writ petitioner Km. Ruchi was placed at serial No. 5 while the names of other two writ petitioners, namely, Ashish Rai and Anoop Tripathi, were placed at serial Nos. 7 and 9 respectively. However, as some of the selected candidates out of that list did not join, the writ petitioners improved their positions. In spite thereof they were not granted admission as they did not fulfill the attendance requirement as stipulated in the leaflet, that is, a minimum of 65% attendance in the B.Sc. (Part I) Course of the year 1991-92. They then made representations to the University authorities requesting them to reduce the percentage of attendance on grounds mentioned therein. By a letter dated 28/05/1992, the Deputy Registrar of the University recommended their cases to the Director of the Institution of Medical Sciences of the University pointing out that since the attendance requirement for appearing in B.Sc. examination had been fixed at 60% the attendance requirement for PMT should also be suitably modified. The Director of Institute accepted the proposal and reduced the attendance requirement to 60% as no step was being taken in terms of the decision of the Director, Ashish Rai, one of the three writ petitioners, filed a writ petition in this Court, which was disposed of by a learned Judge of this Court by an order dated 29/07/1992, with a direction that the matter should be placed before the Academic Council for taking appropriate decision in the matter at the earliest. In terms of the said direction the Academic Council held a meeting wherein it resolved not to reduce the minimum attendance requirement of 65% and communicated its decision to Ashish Rai. Thereafter the three writ-petitioners filed the three writ petitions, out of which these appeals arise, before a learned Judge of this Court, praying for a writ of certiorari quashing the decision of the Academic Council dated 14/08/1992 and for a writ of mandamus directing the University authorities to admit them for the M.B.B.S. course notwithstanding the fact that they had less than the minimum attendance requirement. In the writ petitions Dharmendra Kumar Pandey, Pankaj Verma and Miss Farah Durrani, who were also students of the University and had secured lesser marks in the PMT than some of the writ petitioners, but were admitted as they had fulfilled the attendance requirement were impleaded as party-respondents.
(3.) Before the learned Judge three points were urged in support of the writ petitions. It was first contended that insistence of 65% attendance was against the provisions of the Special Ordinance No. 11 issued by the University laying down, inter alia, the eligibility requirements for PMT. It was next contended that as the Academic Council of the University had passed a resolution on 25/03/1992, reducing the attendance requirement for B.Sc. and other examinations of the University to 60% for the academic year 1991-92 in view of prolonged agitations and strikes therein, the attendance requirement of 65% only for PMT was arbitrary and unreasonable. It was lastly argued that the Director of the Institute of Medical Sciences being the only competent authority to deal with PMT and all matters in connection therewith and he having passed an order on 29/05/1992, reducing the attendance requirement from 65% to 60%, it was not open to the other authorities of the University to refuse admission to the writ petitioners.;