H.N. Setb,J. - (1.) Aggrieved by the action of the Respondents in not admitting him to B. Tech. Course of the Allahabad University for the Session 1984 -85, Petitioner Surendra Pal has approached this Court for relief Under Article 226 of the Constitution.
(2.) For the year 1984 -85 there were 30 seats in the B. Tech. Course run by the Allahabad University. According to the criteria laid down by the Admission Committee, admissions to the said Course were to be made on the basis of comparative merit as disclosed by the marks obtained by various candidates in their B.Sc. examinations. The University invited applications for admission to the said B. Tech. Course by 18.3.1985. Petitioner Surendra Pal who had secured 581 marks in his B. Sc. examination also made an application for admission to the said B. Tech. Course. On 1.3.1985 Major S.S. Roy Chowdhury of 4 Infantry Division addressed a letter to the Vice -chancellor of the Allahabad University forwarding therewith the application received by him from Sub -Maj. T.R. Verma, father of the Petitioner, regarding weighiage being given to the sons of Army personnel 's in the matter of admission to B.Tech. Course of the University. The Vice -Chancellor forwarded the letter received by him from Maj. Chowdhury to Prof. S.R. Sinha, Chairman of the Admission Committee on 2.3.1985 after making following endorsement thereon: It appears to me that some weightage for wards of Defence personnel will be in order. This is being done in all Indian Universities. You may like to bring this matter before the Admission Committee. Prof. S.R. Sinha, Chairman of the Admission Committee, appeared to agree with the Vice -chancellor. Accordingly on 15.3.1985 he made the following note on the letter of Maj. Chowdhury: I suggest that 5% weightage on the standardised marks of the category of candidates be given. You may, if you think it proper, approve of this and I may be allowed to report the matter to the Admission Committee in its next meeting. It appears that before the matter could be placed before the Admission Committee in its next meeting which took place on 26.3.1985, the Admission Committee released a list of 28 candidates selected for admission to the said B. Tech. Course on 18.3.1985. The said list indicated that the candidates securing 601 marks and above in their B.Sc. Examinations had been admitted.
(3.) The Petitioner claims that a meeting of the Admission Committee took place on 26.3.1985 and in that meeting the Committee passed a resolution for giving 5% weightage to the wards of army personnel. In support of this plea learned Counsel for the Petitioner strongly relied upon the following endorsement made by Prof. S.R. Sinha, Chairman of the Admission Committee on the letter from Maj. Chowdhury: Weightage approved by the Admission Committee on 26.3.1985. Sd.S.R. Sinha26.3.1985. Subsequently the Admission Committee released a further list of three more candidates admitting them to the said B. Tech. Course on 1 -4 -1985. These three candidates had received 653, 625 and 604 marks respectively in their B.Sc. Examinations.;