- (1.) J. P. Mathur, J. The petitioner seeks that a writ of mandamus be issued to Allahabad Agricultural Institute, Naini to admit, him in B. Tech. Agricultural Engineering College in the 1993-94 session and also that the admission granted to respondents 4, 5 and 6 be cancelled.
(2.) ALLAHABAD Agricultural Institute (hereinafter referred to as the Institute) was founded in 1911 by Churches under the leadership of Dr. San Higginbottom. It is a professional College which offers several courses of study in Agricultural Sciences and is an Institution established and administered by the Christian Religious Minority. It is recognized as a Christian Minority Institute by the Government of U. P. It is not in dispute that the Institute is receiving grant-in-aid from the Government and salary to its teachers an other employees is paid in accordance with Chapter Xl-A of U. P. State Universities Act, 1973 (hereinafter referred to as the Act) under Section 60-E of the Act, the State Government is liable for payment of salaries of teachers and employees of the College. In the Academic Session 1993-94, there were 40 seats in B. Tech. Agricultural Engineering Part I out of which fifty per cent were reserved for Christian candidates and thus 20 seats were available for the General candidates. The petitioner stood at SI. No. 55 in the Merit List of the General Candidates. Thus the petitioner is not entitled for admission and the relief claimed by him in that regard cannot be granted. During the course of the hearing of the writ petition, it was revealed that Manoj Kumar Bajpai, Shashank Chaturvedi and Deepak Misra respon dent 4 to 6 who neither appeared in the Entrance Test nor belonged to Christian Community had been admitted in B. Tech. Agricultural Engineering Part I. Accordingly by the order dated January 20, 1995 notice was issued to the aforesaid three respondents to show cause why their admission be not cancelled and the Principal of the Institute was also directed to explain and justify the grant of admission to the aforesaid three students.
(3.) THE Prospectus of the Institute for the Acadamic Session 1993-94 gives in detail the ADMISSION POLICY of the institute, the relevant portion whereof is quoted below : (A) THE Allahabad Agricultural Institute is a Christian Minority Educational Institute within rights guaranteed under Article 30 (1) of the Constitution of India to establish and administer Educa tional Institution of their choice. Under this provision and as per Supreme Court Judgment dated 7th December 1991, upto 50% seats shall be made available to candidates of Christian Community in the Entitle. (B ). . . . . . . . . . . . . . . . . . (C) Accordingly for admission to First Year of each course of study in the Institute the following rules shall apply. General Rales : (1) THEre will be an Entrance Test for selecting candidates for admission in the following courses ; (a ). . . . . . . . . . . . . . . . . . (b) B. Tech. Agricultural Engineering. (c ). . . . . . . . . . . . . . . . . . (d ). . . . . . . . . . . . . . . . . . (e ). . . . . . . . . . . . . . . . . . ! (2) THE applicants will be placed in either of the two category. (a) General Candidates. (b) Christian Candidates. (4) Merit lists will be prepared for each category based on the total marks scored by the candidates in the Entrance Test for the purpose of admission, (5 ). . . . . . . . . . . . . . . . . . (6 ). . . . . . . . . . . . . . . . . . . (7) Upto 50% seats in each course are available to candidates of Christian Community. Such Candidates are required to send the following with their Application form. In the affidavit filed by Dr. H. Shophered, Principal of the Institute it is stated that respondents 4 to 6 were admitted in the Management Quota. It is further stated that this was done by the Management on the ground that Institute being a Christian Minority Institution has a right to administer and to admit students of its choice in accordance with rights guaranteed to the Minority Community under Article 30 of the Constitution. Reliance is also placed upon a resolution of the Management of the Institute which is reproduced below : "resolved that the number of |seats published in the Prospectus will be filled strictly in accordance with the judgment of the Hon'ble Supreme Court in the case of St. Stephen's College, reported in AIR 1992 SC 1630. Further, the Management reserves its right to increase or decrease the number of seats in each course according to need. In view of the need for assisting ward of staff, employees and bene factors of the Institute, it was resolved to allot 10% beats in addition to the seats published in the prospectus as promotional quota under the discretion of the A. A. I. Administration. This policy of admission shall be implemented with effect from the Session 1993-94. THE students applying in promotional quota will have to secure at least 50% marks in the qualifying examina tion and will also have to appear before an Interview Board for selection. THE candidates selected under promotional quota should not appear in Entrance Test and the candidates who will simultaneously appear in Entrance Test will not be considered in this category. " We have heard S/sri J. Nagar and Ravi Kant on behalf of the Institute and its Principal at considerable length. The admission policy of the Institute does not provide for admission on the basis of "promotional quota under the discretion of A. A. 1. Administration". The Admission Policy of Allahabad Agricultural Institute Nairn regarding reservation in favour of Christian candidates was also considered by the constitution Bench of the Supreme Court in St. Stephen's College v. University of Delhi, AIR 1992 SC 1630, and in Para 102 it was held as follows : ". . . . . . . . . . . . The Minority Institutions shall make available at least fifty per cent of the annual admission to the members of com munities other than Minority community. The admission of other community candidates shall be done purely on the basis of merit. " It is, therefore, clear that at least fifty per cent of the seats have to be filled in by general candidates and this has to be done strictly on the basis of merit. The admission of respondents 4 to 6, who do not belong to Christian Community but are general candidates, is therefore wholly illegal as the same has not been done on the basis of merit. It may also be noticed that the Academic Sessions 1990-91 and 1991-92, tae Admission Policy of the Institute provided for giving of weightage to wards of old students, start' ward, Government sponsored candidates and alumini ward. This was chal lenged in this Court and a Division Bench in Special Appeal No. 546/1992, Allahabad Agricultural Institute v. Amir Hussain, held that the Admission Policy except in so far it provided for reservation to the extent of fifty per cent of available seats in favour of Christian candidates was illegal. Therefore, there can be no manner of doubt that 2nd and 3rd paras of resolu tion of the Management in so far it provides for allocation of 10% of seats as "promotional Quota", under the discretion of administration of the Institute is wholly illegal and is liable to be struck down as it gives a right to the Management to have reservation of seats exceeding fifty per cent.;