- (1.) R. H. Zaidi, J. Petitioners, who were students of 1st year of Bachelor of Veterinary Science and Animal Husbandry course in the College of Veterinary Science and Animal Husbandry, Mathura Campus, Mathura, (hereinafter referred to as the College) have filed this petition under Article 226 of the Constitution of India. They pray for issuance of a writ, order or direc tion in the nature of mandamus directing the respondents to re-admit them in the said course and to treat them as students of 1st year of Bachelor of Veterinary Science and Animal Husbandry in the said College.
(2.) IT was in the year 1993 that the petitioners appeared in combined Pre-Veterinary test for admission in the said course for the academic session 1994-95. Petitioners have qualified the said test and were selected for admis sion in the said course. They were thereafter vide letter/order dated 22-4-1994, asked to take admission in the College, which is affiliated to Chandra Shekhar Azad University of Agriculture and Technology, Kanpur. Petitioners de posited the requisite fee and also fulfilled the other formalities of the admis sion, in consequence thereof, they were admitted in the said course and their names were, also entered in the attendance register. Petitioners unfortunately fell seriously ill and could recover from the aliment in the month of June, 1995 ; but since then. they could not attend the classes and also could not appear in the said examination of the said course. Their attendance were also stated to be short. On 29-8-1985, petitioners approached respondent No. 2 for their re-admission in the said course to winch they were legally entitled as the practice in vogue in the College was 10 permit the students in the next year, who could not for any valid reason appear in the examina tion, but they were illegally not permitted to continue their studies they were as such compelled to approach this Court for the above mentioned reliefs. On behalf of the respondents, counter affidavit have been filed, in which it hat not been disputed that names of the petitioners were entered in the attendance register, but it has been asserted that petitioners remained absent from the classes throughout the academic years. They were as such not entitled to be re-admitted. Along with the counter affidavit a Resolution of the Admission Committee, dated 27-7-1995 has also been filed, whereby it was resolved that the students of the said course, who have not appeared in the examination could appear in the examination on the conditions laid down in Rule 5 (b) of Regulation for Conduct of Examination. The petitioners have also challenged the validity of the said Resolution by means of an amendment application. In this case, since necessary affidavits have already been exchanged between the parties, I have heard learned counsel for the parties finally.
(3.) FROM the material on record, it transpires that Hari Om Umrao, Sri Ram and Vinod Kumar Rai, who were also similarly situated as the petitioners were, have been permitted to continue their studies. The ques tion for consideration in the present case is as to whether the petitioners in the circumstances stated above, should be permitted to continue their studies as students of the said course. Under the provisions of U. P. (Krishi Evam Prodyogik Vishwavidyalaya Adhiniyam), 1958 (U. P. Act XLV of 1958) hereinafter referred to as the Act, the academic Regulation and the Regulations for conduct of the examination for faculty of Veterinary Science and Animal Husbandry have been framed, which have been approved by the Academic Council. Chapter II of Academic Regulations provides for admission. Regulation 2. 16 reads as under :- 2. 16. "submission of document.-In order to register himself as a student of the University, a candidate finally selected for admis sion to a particular course, at the time of admission has to : (i) pay necessary fees as may be prescribed or required for the purpose; (ii) submit transfer certificate from the Institution last attended. (iii) submit migration certificate or eligibility certificate as the case may be, from the University from which he came along with all other documents as may be required for the purpose : Provided, however, that student passing Intermediate examina tion from the Board of High School and Intermediate Educa tion, U. P. and joining the University direct, need not submit any migration or eligibility certificate. (iv) Certificate of physical fitness from the Medical Officer of the University. ";