Vijay Bahuguna - (1.) BY means of the present writ petition nnder Article 226 of the Constitution of India the petitioner prays for the issuance of a writ of certiorari quashing the impugned order dated 31-8-1992 (Annexure 2 to the writ petition) passed by the Deputy Registrar, Banaras Hindu University, Varanasi.
(2.) BY the impugned order the decision of the University has been communicated to the various Faculties that a weightage of 10 marks would be given to the students, who have passed the qualifying examination prior to 1992 if,they qualified in the entrance test. The petitioners are aggrieved by the grant of weightage of 10 marks to the students of 1991 batch. The petitioners contend that only they were eligible for weightage of 10 marks inasmuch as they had passed the qualifying examination from the schools recognised by the Banaras Hindu University. The controversy is thus in a very narrow compass as to whether the award of weightage of 10 marks to students other than 1992 batch is valid or not. The petitioners had applied for admission to L. L. B in the Banaras Hindu University for the session 1992-93. The University had published a brochure regarding the information of the entrance test for admission to various courses of the University, including LL.B. course. In the said brochure it was stated that a weightage of 10 marks will be given to the Students passing the qualifying examination in 1992 for deciding the merit provided they qualified in the test The petitioners were given the weightage of 10 marks as they bad obtained B. A. degree from Banaras Hindu University in 1992. The petitioners contend that only they were entitled to the weightage of 10 marks as they were of 1992 batch and the students of the previous year could not be given the weightage of 10 marks and as such the L. L. B. admissions of the Banaras Hindu University are bad to the aforesaid extent The petitioners, after a weightage of 10 marks are Just short of 200 marks which was the qualifying mark for admission.
(3.) COUNSEL for the petitioners vehemently argued that the guidelines framed for the entrance examination could not be altered .subsequently to the detriment of the petitioners and that the weightage of 10 marks could not be given to the students of 1991 batch. In the counter affidavit filed on behalf of the University it is admitted that in the brochure for 1992-93 entrance examination It was mentioned that the weightage of 10 marks would he given to the candidates who had done B. A. in 1992 However. It is clarified that the weightage of 10 marks was being given in the previous year to the students of 1991 batch and such on the representations made by the students of 1991 batch the Academic council passed a resolution on the 24th of August, 1992. deciding to grant weightage or !0 marks to the students of 1991 batch also. In fact the University has followed the same policy, which was prescribed in the year 1991-92 examinations. The old. policy has been continued under which the students of earlier batch have also been given the weightage of 10 marks and after ward of weightage of 10 marks the students who have obtained 200 marks have been admitted. As the petitioners have procured below 200 marks they could not succeed.;