- (1.) D. K. Seth, J. The petitioner had applied for admission in the B. Ed. Course for the Session 1991-92 through Combined Entrance Examination conducted pursuant to the Uttar Pradeah State Universities (Regulation of Admission to Courses of Instruction for Degree in Education in Affiliated, Associated and Constituent Colleges) Order, 1987 promulgated under Section 28 (5) of the U. P. State Universities Act. The petitioner was given admission and allowed to pursue his studies and also to appear for the examination but the result was withheld against which the present writ petition has been moved.
(2.) THE learned counsel for the petitioner contends that the Univer sity had allowed the petitioner to appear in the examination and thereafter they cannot withhold the result. He has also prayed for quashing of the order dated 17th April, 1993 cancelling the petitioner's admission on the ground that the petitioner having been admitted by the University in the examination, the University is estopped from cancelling the admission after such a long time. Mr. Dilip Gupta, learned counsel for the University, on the other hand, contends that in view of sub- section (5) of Section 28, a candidate can only be eligible for admission under the provisions of the 1987 Order promulgated under the said sub-section referred to above. In view of sub-section (6) of Section 28 of the U. P. State Universities Act, the Vice-Chancellor has power to cancel admission made in contravention of the provisions contained in the said 1987 Order promulgated under sub section (5) of the same section. Sub-section (6), according to him, provides that no student admitted in contravention of the provisions of the said section shall be permitted to take up any examination conducted by the University. According to him, the petitioner having been admitted in contra vention of the provisions of the said 1987 Order, his admission is liable to be cancelled. He draws my attention to Paragraphs 3, 7 and 9 of the said 1987 Order and points out the contravention with regard to the admission of the petitioner. He also takes me through Paragraphs 7, 9, 10, 11, 12,13, 16, 17, 18, and 19 of the counter- affidavit and contends that originally the admission was cancelled without giving any opportunity to the candidates whose admission were cancelled but subsequently each of them were issued notices to show cause pursuant to which those candidates had submitted their reply and after considering each case meticulously, the Vice-Chancel lor has cancelled the admission which are contained in Annexures 'ca-6' and 'ca-7' respectively. Therefore, there is nothing illegal in the cancel lation of the admission since those admission were in contravention of the said 1987 Order which consequently results in the prohibition to take up any examination conducted by the University. He further contends that since these students had taken up admission despite having knowledge of the contravention of the Rules depriving large number of students who had secured higher marked but could not be admitted because of the admission of the candidates securing lesser marks including the petitioner, therefore the writ petition should be dismissed with exemplary costs. It is by now established that prohibition of law applicable to educational sphere should not be interferred with by the Judiciary and the educational field shall be allowed to enforce the academic discipline. Interference with such matters would amount to anarchy in the academic field which is already suffering from anarchical situation by reason of different forces with such the Judiciary should not join issue.
(3.) IN Order to appreciate the situation, it is necessary to Section 28 of the U. P. State Universities Act, 1973, here in after referred to as 'the Act' which is quoted below : "28. Admission Committee.- (1) There shall be an Admission Committee of the University, the constitution of which shall be such as may be provided for in the Ordinances. (2) The Admission Committee shall have the power to appoint such number of sub-committees as it thinks fit. (3) Subject to the superintendence of the Academic Council and to the provisions of sub-section (5), the Admissions Committee shall lay down the principles or norms governing the policy of admission to various courses of studies in the University and may also nominate a person or a sub-committee as the admitting authority in respect of any course of study in an INstitute or a constituent college maintained by the University. (4) Subject to the provisions of sub-section (5) the Committee may issue any direction as respects criteria or methods of admis sions (including the number of students to be admitted) to constituent college maintained by the State Government and affiliated or associated colleges, and such directions shall be binding on such colleges. (5) Notwithstanding anything contained in any other provisions of this Act, admission to medical and engineering colleges and to courses of instruction for degrees in education or Ayurvedic and Unani Systems of medicine (including the number of students to be admitted), shall be regulated by such orders (which if necessary may be with retrospective effect, but not effective prior to January 1, 1979) as the State Government may, by notification, make in that behalf : Provided that no order regulating admissions under this sub section shall be inconsistent with the rights of minorities in the matter of establishing and administering educational institu tions of their choice. (6) No student admitted to any college in contravention of the provisions of this Section shall be permitted to take up any examination conducted bv the University, and the Vice-Chancellor shall have the power to cancel any admission made in such contravention. " Sub-section (5) makes it clear that the degrees in education which includes B. Ed. along with several other instructions mentioned therein are to be regulated in the matter of admission to such courses by the orders as the State Government may, by notification, make in that behalf to be erffective not prior to January 1, 1979. Pursuant to sub-section (5) of Section 28 of the said Act, the State Government had issued the 1987 Order referred to above containing the conditions regulating admission to such courses.;