K. N. Goyal, J. - (1.) THE petitioner had applied for appearance at the combined Pre- Medical Test, 1984, which was conducted by Avadh University. THE test was held in the month of May, 1984. THE State Government however came to learn that serious irregularities had taken place in regard to the conduct of the examination. In view of the same, the Government decided to cancel the entire examination. THE Government Order dated 22-6-1984 which has been produced before us by the learned Standing Counsel shows that the Avadh University was again given the responsibility of conducting the examination which would be held afresh. THE University was asked to take necessary action in this regard so that the examination could be held expeditiously.
(2.) IN persuance of this Government Order, the university issued a Press Note on 27-6-1984, a copy of which is Annexure-4 to the writ petition. IN this Press Note, it was specified that only those candidates who were eligible to appear and who had appeared at the May, 1984 examination will be eligible to appear at the fresh examination which would take place between July 26 and July 29, 1984. The petitioner had not actually appeared at the May, 1984 examination although Admit Card had been issued to her and a centre had also been allotted to her. The result is that because of the restriction placed by the university, she will not be able to appear at the fresh examination. Her contention is that this restriction is unreasonable and arbitrary, and does not serve any public INterest and should, therefore, be struck down. The matter had come up before us yesterday and the learned Standing Counsel for the Avadh University Sri S. L. Verma was asked as to the justification for this restriction. He had taken time till today and had also suggested that the restriction may have been placed by the State Government in its order of cancellation of the May, 1984 examination. It was for the reason that we had asked the Standing Counsel to produce before us this aforesaid Government Order. Sri Verma has not been able to obtain any Instruction In this regard from the University authorities. We are however not inclined to grant any further time because of the circumstance that the fresh examination is to start on 26-7-1984 which is only 8 days from today. If the decision of the writ petition is delayed, then, the petitioner and others similarly situated may be handicapped in preparing for examination and the University authorities could also get insufficient time for compliance with any mandamus that may be issued in the case. The contention of the learned counsel for the university is that In the examination held in May, 1984, if proceeded to its logical conclusion namely, if the result had been declared on the basis of that examination, the petitioner could have had no opportunity of appearing this year and had been obliged to wait for an opportunity in the next year. It is true that if the examination had been duly conducted and result thereof declared, then the petitioner would not have been able to avail of the same. But once for reasons unconnected with the conduct of the petitioner, the examination has been cancelled and a fresh examination has been ordered, there seems no valid reason why she should be deprived of the opportunity which fortuitously for her has come up in the manner indicated above. Of course, because, of the limitations of time, it could not be expected that the university would allow even persons who had not been issued Admit Cards earlier to apply afresh for the new examination to be held from July 26, 1984 and onwards. Inviting or allowing fresh applications would have entitled considerable time and labour because the fresh applications would have had to be processed. New roll numbers would have to be allotted and examination centres would have to be assigned to the new candidates. The Press Note Annexure-4 shows that the candidates' roll numbers and the examination centres will remain unchanged as allotted to them for May, 1984 C. P. M. 5. This was a reasonable consideration for the university as the fresh examinations had to be concluded expeditiously so that the new MBBS First year session may not be unduly delayed. There is however no such justification for denying opportunity even to candidates who had already been issued Admit Cards to appear at the fresh examination. Allowing them to appear does not entail any additional processing at the university level or at the level of the examination centres. On the other hand, excluding certain candidates who had already been allotted roll numbers from the right to appear would involve extra labour both for the university authorities and for the Superintendents of the examination centres inasmuch as they would have to scrutinse the candidates Admit Cards with a view to ensure that the particular Admit Card holder bad actually appeared at the May, 1984 examination as well. This unnecessary labour would be saved if every one who was given Admit Card is allowed to appear.
(3.) WE are, therefore, clearly of the view that the restriction imposed by the Avadh University, namely, that a candidate although he or she had obtained Admit Card for May, 1984 C. P. m. T. would not be allowed to appear if he or she had not actually appeared at the May, 1984 examination is wholly irrational and arbitrary. All acts of public authorities must be based on reasons and requirements of public interest. A public authority cannot take a decision which is wholly arbitrary and not in public interest. As such the impugned restriction must be struck down. In the result, the writ petition is allowed and the restriction placed in the Press Note Annexure-4 to the affidavit that only those candidates who had appeared at the May 1984 Combined Pie-medical Test will be eligible to appear at the July, 1984 Combined Pre- Medical Test is hereby quashed. Accordingly, all candidates who were eligible to appear and had received Admit Cards for the May 1984 Combined Pre- Medical Test and who had not failed at the Intermediate examination, the results whereof have been announced after the May, 1984 Combined Pre-Medical Test, shall be allowed to appear at the fresh Combined Pre-Medical Test which is being held from July 26, 1984 onwards. We make it clear that this decision will apply not only to the petitioner but also to the other candidates similarly situated. We make this classification because in the absence of such classification, other candidates may also feel compelled to approach the Court separately and file writ petitions, which will involve them in unnecessary expense and also this court in unnecessary work.;