UNIVERSITY OF NORTH BENGAL Vs. MALABIKA DHAR
LAWS(CAL)-1996-1-18
HIGH COURT OF CALCUTTA
Decided on January 12,1996

UNIVERSITY OF NORTH BENGAL Appellant
VERSUS
MALABIKA DHAR Respondents


Referred Judgements :-

RAJENDRA PRASAD MATHUR VS. KARNATAKA UNIVERSITY [REFERRED TO]


JUDGEMENT

S.B.Sinha, J. - (1.)The appeal arises out of a judgment and order dated 27.4.95 passed by a learned Single Judge of this court in C.O. No. (w) of 1995, whereby and whereunder the said learned Judge allowed the writ application filled by the writ petitioners/respondents by directing the appellant University not to cancel their admission and the University authorities were directed to allow the writ petitioners to continue in the concerned course.
(2.)The fact of the matter bereft of unnecessary details are as follows : The writ petitioners who were 3 in number intended to get themselves admitted in M.A. of the appellant University in Sociology and Social Anthropology. It is not in dispute that for the purpose of taking admission of eligible candidates guidelines have been fixed by the respective Faculty Council, as would be evident from the excerpts of the proceedings of the meeting of the Faculty Council for Post-Graduate Studies in Arts, Commerce & Law held on 22.3.94. In terms of the said guideline the intake capacity in respective Post-Graduate Departments in Sociology and Social Anthropology were first at 35. Such selection of candidates were to be made according to the following order of preference :
"2. Selection of candidates shall be made according to the following order to preference. (a) Preference will be given to the candidates who graduated in 1993 and the order to preference shall depend upon the year of graduation, like 1993, 1992 and so seriatlity. However, students from N.B.U only who got 1st Class marks in B.A./B.Com. examination (including Special honours) in 1992 shall be considered for admission before the students who got 2nd Class in 1993 from North Bengal University. Cases of exception students who obtained a minimum of 50% of marks in the aggregate of Part-I and Part-II examination taken together in 1992, may be forwarded to the Vice-Chancellor for consideration, if necessary."

(3.)Moreover, from a circular dated 18.3.92 as contained in Annexure "A" to the stay application, it appears that the following decision had been taken.
"The Head of the Department shall maintain a register containing names of newly admitted students in his office. Students will be asked to put their signature against their names in that register as soon as they join the department. After checking the record, the Head of the Department will forward the names of the students who would fail to join their classes within 10 days from the commencement of lectures, for cancellation of their admission. The report should reach the office of the Secretary. Faculty Council for Post-Graduate students in Arts, Commerce & Law within 7 days from the expiry of 10 days period. However, the whole process of admission in to M.A/M.Com Part-I classes for the session 1993-94 including admission against dropped out/cancellation should be completed within two months from the commencement of the lectures."

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