B. Dikshit, J. - (1.) This writ petition is directed against a decision taken by admission committee of Allahabad University. The decision of admission committee constituted under Section 28 (1) of Uttar Pradesh State Universities Act (in short 'Act'), which has given rise to this writ petition, is that by its resolution dated 7.2.1998 the admission committee resolved that the students who passed their qualifying examination of Bachelor of Arts or Science from Ewing Christian College. Allahabad (in short 'E.C.C.') are to be admitted on 10% seats of Post-Graduate classes at Allahabad University (in short 'University'). As interim-order was expiring and admissions to Post-Graduate courses were being delayed, the operative portion of order was delivered on 20.3.1998 and now reasons for conclusions are being declared.
(2.) The petitioners passed their qualifying examination from E.C.C, and applied for admission to Post-Graduate classes, As petitioners are being denied admission though they obtained more marks than the students who passed their qualifying examination from University and its affiliated colleges, the petitioners feeling aggrieved by decision of admission committee have filed this writ petition.
(3.) To determine merit of students applying, admittedly, the University adopted marks system by clubbing the marks of all the three years of graduation course in respect of subject in which admission is sought and prepared a list of merit for admission on that basis. The petitioner Nos. 1 and 2, who were applicants for admission to Post-Graduate classes in Psychology and petitioner Nos. 3 to 5, who were applicants for admission to Post-Graduate classes in Physics, are being denied admission as their merit amongst students, who have applied for admission to said courses, is lower than other students of E.C.C, who have been given admission against said 10% but the students having lesser marks, who passed their qualifying examination from University and its affiliated colleges, are being given preference over them. The University in its counter-affidavit has justified the fixing of quota of 10% for E.C.C, students by claiming that as the courses taught and mode of examination and marks awarded to E.C.C, students have been different, the reservation of 10% seats is within reasonable classification and, therefore, such a reservation is valid. The University also justified such classification on the ground that the E.C.C., in utter disregard to the ordinances framed by the University and First Statutes of the University (in short 'Statute'), framed its courses in various subjects without sending them for consideration of the Board of concerned faculties in violation of Statutes 20.08. 20.09, 20.12 and clause 4 of Ordinances of E.C.C. Besides said violation, the University claimed that college changed its courses and syllabus without the knowledge and approval of University. The case of University further is that in violation of said Statute E.C.C, appointed external and internal examiners and neither sent any paper or proceeding in relation to framing of courses nor any matter pertaining to examination scheme but held the examination without any knowledge of the University, it is also the case of University that E.C.C, itself prepared and declared the result and sent copy to University for information in violation of Statute 20.09. According to case set-up by University, it was under said circumstances that Head of Departments of various subjects brought these facts to the notice of University, and admission committee after considering all these aspects at length in its meeting dated 7.2.1998 also resolved that from the academic session of 1998-99 entrance test for Post-Graduate classes shall be held but so far 1997-98 session is concerned, it resolved that 10% seats in each Post-Graduate subject shall be reserved for the students of E.C.C. The admission committee left rest of the seats for session 1997-98 for students who passed-their qualifying examination held by University which includes students who passed by correspondence course of University and from other associated colleges of University. The University justified reservation of 10% seats for students passing from E.C.C, on that basis as permissible reasonable classification.;