- (1.) THE Vidhyarthi Sanrakshan Samiti Jodhpur has filed this writ petition under Article 226 of the Constitution seeking relief against the University of Jodhpur that the students being the last batch under the old course having passed the Senior Higher Secondary Examination 1990, may be allowed admission in second year of three year degree old course in the year 1990-91. THE petitioner Samiti's case is that the students who have passed the senior higher secondary examination in the year 1990 were students of higher secondary, secondary and 9th class in the sessions 1988-89, 1987-88 and 1986-87 respectively. THE students have thus studied under the old course. Having undertaken THE old course and cleared the senior higher secondary examination in the year 1989-90, THEy are entitled to get admission in the second year of three year degree old course in the year 1990-91, Such students have been denied admission in the second year old course, According to the petitioner samiti, the students who had passed senior higher secondary examination in the year 1988-89, were given admission in second year old course, the batch of students who have cleared senior higher secondary examination is the year 1989-90 cannot be discominated and they stand on the same footing so they are entitled to be given admission in the second year old course. Besides that the petitioner's case further is that 10+2+3 scheme introduced by the university cannot have any retrospective effect so as to affect the rights of the students who have undertaken old course right from 9th class. It is on this basis that this writ petition is founded. It is also one of the contention of the petitioner that the new scheme could not be made applicable to the students without giving them an opportunity of hearing and the introduction of the new scheme is violative of the principles of natural justice.
(2.) THE case of the university is that 10+2+3 scheme has been introduced being the national education scheme. It has already been introduced throughout the country and on same of the universities of Rajasthan as well and for introduction of this new scheme necessary amendments have been made and transitory provisions have also been enacted. THE new scheme was introduced by the university from the not retrospective operation and besides that no discrimination is any way caused to the batch of students who have appeared in the Senior higher secondary examination in the year 1989-90. In the return to the writ petition reference have been made to the provisions of the ordinances in pursuance of which new scheme has been introduced and how and in what manner transitory provisions have ben enacted so as to facilitate the change over from the old course to the new course. We would be referring to the relevant provisions while considering the contention of the learned counsel for the petitioner as to whether the elusive scheme introduced is retrospective in effect. We may state here that now scheme has been introduced by the University of Jodhpur, 1st year T. D. C. (old) has been abolished from the session 1989-90, second year T. D. C. (old) has been abolished from the session 1990-91 and third year T. D. C. (old) has been abolished from the session 19991-92 and how transition would come into effect, has also been provided during all these sessions. Before referring to the contentions advanced before us it would be appropriate to look into notification Ex. 1 dated 9. 8. 1989 issued u/sec. 24 (1) of Jodhpur University Act, 1962 by the Chancellor. It is by this notification that ordinances have been amended, we reproduce the relevant new ordinances which have been introduced by the aforesaid notification. Amended ordinances 373, 33, 33 A, 35 and 36 B (10) read as under:- "ord. 373 To Add New Ordinance 373, TRANSITORY PROVISIONS Whereas to implement the National Education policy the University of Jodhpur has introduced the T. D. C. (New Course) from the academic Session 1989-90, the Following courses shall be deemed to be accuvivalent to courses noted against each other:- OLD COURSE NEW COURSE 1. Second Year (TDC) (Old Course) First Year TDC (New Course) 2. Third Year (TDC) (Old Course) Second Year TDC (New Course) That the University will abolish First Year TDC, Second Year TDC and Third Year TDC (Old Course) from the sessions 1989-90, 90-91, 91-92 respectively. Provided, that the failures of First Year TDC (Old Course) examination shall be eligible to appear as ex-student. There shall, however, be no examination of First Year TDC Arts, Sciences and Commerce (Old Course) After the Year 1991. Third Year TDC (Old Course) examination shall be eligible to appear at the First Year TDC (New Course) or IInd Year TDC (New Course) examination respectively. Ord. 33 To amend the existing Ordinance 33. No student shall be eligible for admission to the course of study for the First Year Examination (Old Course) unless He/she passed the pre University Examination of this University or the Higher Secondary Examination of the Board of Secondary Education, Rajasthan, Ajmer, or its equivalent examination conducted by Universities or Boards in India or abroad recognised by this University and obtained in the qualifying examination the minimum percentage of marks as prescribed by the University from time to time. Provided further no candidates shall be admitted in the First Year Examination of Three Year Degree course (Old Course) From the Academic Session 1989-90. Ord. 33-A 1. For the purposes of these Ordinances Faculties of Arts. Science, Commerce means Faculties of Arts, Education and Social Sciences; Science, and Commerce & Management Studies respectively. 2. "new Course" Means the course introduced for the first time implement the 10 + 2 + 3 Scheme in various classes in Faculties of Arts, Science and Commerce. 3. "old Course" means the existing course prior to the introduction of New Course". Ors. 35 To amend Ord. 35: O. 35. No student shall be eligible for admission to the Course of Study for Part II of degree Course (Old Course) unless he/she has passed,, Part I Examination or the J. D. C. Part II Examination of this University. OR I Year T. D. C. (Old Course) of Universities of Rajasthan. OR First Year T. D. C. Examination from any 'recognised University. OR Intermediate Examination from any recognised University Board with General English and/or General Hindi as compulsory subjects. The candidates who have passed the Intermediate Public Examination of the Board of Intermediate Education, Andhra Pradesh, Hyderabad be admitted to First Year T. D. C. class. . Note (1) Candidates who have passed Junior Diploma Course in Secretarial & Business Training Part II shall be eligible for admission to Part II of the degree course in the Faculty of Arts, Social Sciences and Commerce. (2) Those candidates who have passed I Year T. D. C. or equivalent examination/intermediate examination from any recognised University/board without General English and/or General Hindi as compulsory subjects may be admitted to the II Year subject to the condition that they will have to clear Hindi and/or English compulsory subject (s) of I Year T. D. C. before they are promoted to II year class of the Three Year Degree Course. Provided that no candidate shall be admitted to the IInd Year Examination of the Three Year Degree Course (Old Course) From the Academic Session 1990-91. 0. 36-B. No student shall be eligible for admission to the course of study for the First Year Examination of Faculty of Arts, Science or Commerce (New Coarse) unless he/she has passed the First Year Examination (Old Course) of this University or 10 + 2 or Senior Higher Secondary or Intermediate examination from any recognised University or equivalent examination conducted by a University or Board in India or abroad, recognised by this University and has obtained in the qualifying examination the minimum percentage of marks as prescribed by the University from time to time. Provided that such of the students who are eligible to seek admission in First Year of New Course shall be given an option to seek admission in either First Year (New Course) or second Year of Old Course During the Academic Session 1989-90 only. " Our attention has also been invited to the Uniform Admission Rules Ex. 2 in which last para of Clause 2 reads as under :- Candidates under the 10+2 pattern passing a public Examination at the end of the 12th standard be deemed eligible for admission to Second Year of the Three Year Degree Pass Course in terms of Ordinance 35. " In the light of the above provisions we have to consider the contentions advanced by the learned counsel for the petitioners. It is true that the batch of the students who have appeared in the senior higher secondary examination 1989-90 understood studies from 9th Class from the session 1986-87 and they did appear in three board's examinations, the secondary examination, the higher secondary examination and the senior higher secondary examination. As a matter of fact Old Course was up to Higher Secondary Examination. There was no senior Higher Secondary Examination but in introduction of 10 + 2 + 3 Scheme Senior Higher Secondary Examination was added after Higher Secondary Examination by the Board, it is in this way that students passed 10+2 stage while undertaking 12 Years course up to Senior Higher Secondary Examination. The question is as to whether the students who took admission in the 9th class in the Session 1986-87 are entitled to be given admission in the Second Year T. D. C. (Old) by the University. Our answer to this question would be in the negative as no such right accrues to the student who has taken admission in the 9th class from the Session 1986-87. Why, we have answered the question in the negative, can be considered from the introduction of the amended Ordinances by the University, and further we would like to make it clear that the study up to the Secondary, Higher Secondary or Senior Higher Secondary Examination is by an independent body i. e. by the Board of Secondary Education and thereafter the education is in the hand of the University, another independent autonomous body. They are two independent bodies. The University being an independent autonomous body is free to prescribe its own courses of study. Apart from that it would appear that sufficient care has been taken by the University for the introduction of 10 + 2+3 Scheme as University has framed transitory provisions to switch over to the Three Year Degree New Course.
(3.) A perusal of ordinance 373 would reveal that in order to implement national education policy, Three Year Degree Course (New Course) has been introduced from the academic session 1989-90 and for that equivalence of courses has been provided, Second Year T. D. C. and Third Year T. D. C. would be equal to Second Year T. D. C. and it is provided that University will abolish First Year T. D. C. from the Session 1989-90 and Second T. D. C. from 1990-91 and Third Year T. D. C. from 1991-92. In subsequent Ordinances proviso has been added. Reference here may be made to the In ordinance 33, Ordinance 35 and Ordinance 36-B. ordinance 33, it is clearly provided in the proviso that no candidate shall be admitted in the First Year Examination of Three Year Degree Course (Old) from the Academic Session 1989-90. In Ordinance 35 to the main provision, a proviso has been added that no candidate shall be admitted to the Second Year Examination of the Three Year Degree Course (Old) from the Academic Session 1990-91 and under Ordinance 36-B Clause (l) a further proviso has been added which provides that such of students who are eligible to seek admission in the First Year of New Course shall be given an option to seek admission in either First Year (New Course) or Second Year of Old Course During the Academic Session 1989-90 only. It would appear from this provision that option was available for the Academic Session 1989-90 and for the year 1990- 91 on option was available to the students in view of the clear prohibition that no candidate would be admitted to the Second Year Examination of Three Year Degree Course (Old) from the Academic Session 1990-91. Having regard to the above provisions it would appear that provisions cannot be said to have any retrospective operation as they have been made applicable from the coming Sessions. In the Uniform Admission Rules what is contemplated is not in any way different from what is contemplated in the Ordinances referred to above. Candidates under the 10 + 2 pattern passing a public examination at the end of the 12th standard be deemed eligible for admission to Second Year of the Three Year Degree course in terms of Ordinance 35. Thus, It would appear that this particular provision under the Uniform Rules has reference to Ordinance 35 and in terms of Ordinance 35 the matter of admission will be governed. Amended Ordinance 35 make it clear that Second Year Examination of Three Year Degree Course Old would stand abolished from the Session 1990-91. The contention based on discrimination also appears to us to be misconceived. Students up to the Session 1988-89 have treated been differently from the students who have passed the Senior Higher Secondary Examination in the year 1989-90, as from a particular year as provided in the Ordinance the students are required to be dealt with differently on that basis. Question of discrimination does not arise because this situation has arisen on account of introduction of 10 + 2 + 3 Scheme. ;