- (1.) The petitioner is a society registered under the Societies Registration Act. It runs and manages five educational institutions situated at Rohatak - Gaur Brahmin Ayurvedic Degree College (hereinafter referred to as the College), is one of them. The college is admitted to the privileges of Maharishi Dayanand University, respondent No. 1. The statutes, regulations and ordinances of the Kurukshetra University, in respect of admission and recognition of colleges, are applicable to respondent No. 1. Admission to the college is made by the Principal and its managing committee and it is not within the purview of the University to conduct any entrance examination for the purpose of admission to it. According to the petitioner it is beyond the jurisdiction of respondent No. 1. However, vide Annexure P 4, respondent No. 1 decided that with effect from 1986-87, admission to the Pre-Ayurvedic Course be made through a competitive Ayurvedic Entrance Examination to be conducted by respondent No. 1 on the pattern of M.B.B.S./B.D.S./Textile Course for 20 seats in the college and for another 20 seats in Mahila Ayurvedic Degree College Kanya Gurukul, Khanpur Kalan (Sonepat). Applications from candidates for admission to Pre-Ayurvedic Course to these colleges were required to reach the Assistant Registrar (Results-II) of respondent No. 1 by 5-7-1986. The contention of petitioner is that respondent No. 1 has no right to direct admissions to the colleges. It is entirely for the Principal and the Managing Committee of the college to do so. Another grievance of the petitioner is that respondent No. 1 has wrongly reduced the number of seats of Ayurvedic Degree Course in the College from 60 to 20. It is contended that the aforesaid impugned actions of respondent No. 1 are without jurisdiction. Through the present writ petition prayer is made for issuance of a writ of certiorari quashing the action of respondent No. 1 that with effect from 1986-87 admissions to the College shall be made through competitive Ayurveda entrance examination to be conducted by the University and the order that the number of seats of Ayurvedic Course in the college is reduced to 20.
(2.) The petitioner had in the first instance filed C.W.P. No. 1010 of 1986 in the Supreme Court wherein the following order was passed : - "We are of the view that the petitioner should be asked to file a petition in the High Court. We, therefore, dismiss the petition without expressing any opinion on the merits of the case and reserving liberty to the petitioner to approach the High Court. There shall be status quo for one week."
(3.) When the present writ petition came up for motion hearing before the Division Bench on August 13, 1986, an interim order was passed to the effect that no admission shall be made either by the petitioner institution or the respondents till further orders. This order was later on clarified by the Division Bench on September 24, 1986 and it was made clear that the order dated August 13, 1986, was not intended to debar respondents 1 and 2 to make admissions to institutions other than the petitioner institution. Since the admission to the college had been stayed, the writ petition was directed to be fixed for hearing on 9-10-1986.;