M.C. Agarwal, J. - (1.) By this petition under Article 226 of the Constitution of India, the petitioner seeks a writ of mandamus against respondent No. 2, the Principal J.V. Jain College, Saharanpur to direct him to admit the petitioner in the L.L.B. 3rd year course.
(2.) The petitioner's case is that he was a regular student of the said college and having. passed the LL.B. 2nd year examination, he was entitled to be admitted to the 3rd year course. He submitted his application form on 24.12.1994, but the examination Committee refused to admit him. It is claimed that the action of the respondents in refusing admission is arbitrary. The Principal, respondent No. 2, has filed a counter affidavit sworn by Sri B.K. Mittal, Professor and Incharge of the Admission Committee. His contention is that the petitioner has been denied the admission because of his misbehaviour and involvement with anti-social elements. It is claimed that on 7.11.1994, a list of the students, whose presence in the college was subversive of discipline, was pasted on the Notice Board and the concerned students were required to show cause and it was, thereafter, that the list was finalised. In the rejoinder affidavit, again, the petitioner has reiterated that the action of the respondent is arbitrary and he was a disciplined student.
(3.) I have heard Sri Ajay Kumar Sharma, learned Counsel for the petitioner, and Sri Pankaj Mittal, Counsel for the respondent No. 2.;