R. A. Sharma, J. - (1.) IN pursuance of the police of the Aligarh Muslim University, Aligarh (hereinafter referred to as the University) inviting applications for admission in various disciplines for the session 1991-92. Petitioner applied for admission in Master in Computer Science and Application Course (hereinafter referred to as the M.C.A. Course). Minimum qualification prescribed for the above course was 55% marks in aggregate in B.Sc. with Physics and Math. Petitioner applied for admission in M.C.A. course in pursuance of the above advertisement. At that time he had merely appeared in the examination of B.Sc. third year, result of which was not declared. He was permitted to appear by the University before the Selection Committee for admission in M.C.A. course. He was admitted to the above course provisionally and was permitted to deposit fee and other changes on an undertaking given by him to the effect that if he fails to produce the mark sheet of the qualifying examination with the minimum percentage of marks, which are required for eligibility for admission, up to 30-9-1991 his provisional admission will stand cancelled. An affidavit to the same effect was also obtained from the petitioner in which he undertook to produce the relevant certificates documents up to 18-9-1991. It was further mentioned therein that in case he fails to do so, his provisional admission will stand automatically cancelled. As the result of the B.Sc. third year examination of the petitioner was not declared by the, Agra University. He appears to have approached the Vice-Chancellor of the Agra University, who wrote a letter dated 6-9-1991 to the Vice-Chancellor of the University that the result of his examination is likely to be declared in the first week of October, 1991 and as such, his admission may be continued till the declaration of his result of B.Sc. third year examination. The letter did not have the desired effect on the respondents, who threatened to cancell the provisional admission of the petitioner on account of which he filed this writ petition before this court for wriit of mandamus commanding the respondents not to cancel his admission to M.C.A. course.
(2.) UNIVERSITY has filed counter affidavit and the petitioner has filed rejoinder affidavit in reply thereto. I have heard the learned counsel for the parties. When the writ petition was filed, this court passed an interim order dated 19-9-1991 restraining the University from cancelling the admission of the petitioner. By another interim order, petitioner was permitted to appear in the first year examination of MCA course. By order dated 16-7-1993 petitioner was further permitted to appear in the second year M.C A. course examination. It has been stated by Sri R. P. Goel, learned counsel for the petitioner that he has appeared in the above examinations in view of the order passed by this Court; but the result of those examinations have not been declared so far. The stand taken by the University in the counter affidavit is that the petitioner was selected provisionally and was permitted to study in the course of M.C.A. on/account of the undertaking given by him to the effect that in case he does not produce the required certificates up to 30th September, 1991, his admission shall stand cancelled and he has failed to produce the relevant certificates up to that date, the University was fully justified to take steps for cancelling his admission.
(3.) IT is true that the petitioner has given an undertaking, which is incorporated in paragraphs 6 & 7 (b) of the counter affidavit, to the effect that if he fails to produce or submit the relevant certificates/documents up to 30-9-1991, his provisional admission will automatically stand cancelled. The University authorities claim the right to cancel the petitioner's admission on the basis of the above undertaking. IT is not possible to agree with the stand taken by the University. It was open to the respondents not to grant provisional admission till the result of B.Sc. third year examination was declared. But they permitted the petitioner to be provisionally admitted on the condition that he will produce the relevant documents in order to establish that he possesses the eligibility qualifications. It is ture that the petitioner has given an undertaking for producing those papers by 30.-9-1991; but if his result of B.Sc. third year was not declared by Agra University, it Was impossible for him to produce the papers before the above date. 'The Vice-Chancellos of the Agra University has also informed the Vice-Chancellor of the University regarding non-declaration of the result of the examination of B.Sc. third year of the petitioner and by the same letter he has,requested the respondents not to cancel the petitioner's admission till his result is declared. But the request of the Vice-Chancellor of the Agra University did not have any effect on the respondents, who threatened to cancel the provisional Admission. of the petitioner. Obligations cast on the petitioner by virtue of his undertaking could not have been discharged by him on account of the non declaration of the result of his examination of B.Sc. third year. When it is impossible to perform an obligation, its performance is dispensed with. What is impossible to be done cannot be expected to be done. As such, the respondents were not justified to take steps to cancel the petitioner' s admission to M.C.A. course. , .;