S.C. Agarwal, J. - (1.) ALL these twenty two appeals have been filed by the University of Jodhpur (hereinafter referred to as 'the University') against the judgment of the learned single Judge dated August 24, 19(sic)2. By the judgment aforesaid, the learned single Judge has held that the amendments made in existing Ordinances 39 to 41 of the University were not made in accordance with the procedure laid down in Section 24 of the Jodhpur University Act, 1962 (hereinafter referred to as 'the Act') and has quashed the aforesaid amendments as well as the notification dated June 29, 1982 issued by the Registrar of the University. The learned single Judge has directed that the various petitioner who had filed the writ petitions challenging the validity of the amendments made in Ordinances Nos. 39 to 41 and the notification dated June 29, 1982 (respondent in these appeals are eligible for admission to the First Year B.E. Degree Course in the Faculty of Engineering of the University and has further directed that their applications for admission to the said course must be entertained and considered on merits. Since common questions arise for consideration in all these appeals, they are disposed of by a common judgment.
(2.) THESE appeals relate to the admission to the First Year B.E. Degree Course in the Faculty of Engineering of the University. Provision with regard to the admission to the First Year B.E. Degree Course in the Faculty of Engineering of the University is made in Ordinances Nos. 39 to 41 of the University. In Ordinance By, as it stood prior to the impugned amendments, it was laid down that no student shall be admitted to the course of study for the First Year Course of B.E. (Five Years Integrate(sic) Course) unless he/she has passed the Pre -University Examination of the University or Higher Secondary Examination of the Board of Secondary Education Rajasthan, Ajmer, with English, Mathematics, Physics and Chemistry or any other examination conducted by the Universities/boards in India or abroad recognised as equivalent to the Pre -University Examination of this University and has secured not less than 55% marks in the aggregate of Mathematics, Physics and Chemistry, equal weightage being given to each subject. In the said Ordinance, it was further provided that no candidate who has passed the examination as private candidate shall be eligible for admission. Ordinance 39 -A provides for the distribution of the total intake of seats amongst the various branches, i.e. Civil Engineering, Mechanical Engineering, Electrical Engineering and Mining Engineering. Ordinance 39B prescribed the criteria of admission of students to the Five Year Integrated Course of B.E. degree and laid down that for candidates who had passed Higher Secondary or Higher examination, a common merit list would be prepared on the basis of the marks obtained at the said examination. Ordinance 39C made provision for reservation of certain percentage of seats for particular categories of candidates. Ordinance 40 prescribed the minimum age limit of 6 years and the maximum age limit of 21 years for the students who could be admitted to the First Year B.E. Course. Ordinance 41 laid down that no candidate shall be admitted to the course of study for B.E. unless he/she is in good mental and bodily health and free from any physical defect likely to interfere immediately or in future with his/her duties for active out -door service as an Engineer, and also prescribed the standards of visual acuity for the candidates seeking admission. For the year 1982 -83, it was decided to have a centralised procedure for admission to the First Year B.E./B.Sc. Eng./B. Tech. degree courses at the Malaviya Regional Engineering College, Jaipur and other 4 Regional Engineering Colleges in the country, the M.B.M. Engineering College, Jodhpur (Faculty of Engineering University of Jodhpur), Engineering College, Kota and College of Technology & Agricultural Engg., Udaipur. The aforesaid procedure was contained in the centralised admission circular. In the aforesaid circular, amongst other things, it was provided (in para 5, 2 -4) that those who do not take and pass the subjects of Physics, Chemistry (including practicals) & Mathematics at one & the same examination are not eligible for seeking admission and that marks obtained in these subjects at one and the same attempt will alone be considered. The said circular contained various other conditions which were at variance with provision contained in Ordinances Nos. 39 to 41 of the University. In order to bring Ordinances Nos. 39 to 41 in consonance with the conditions laid down in the centralised admission circular, Ordinances Nos. 39, 39B, 39(C) , 39(F), 40 and 41 were amended and on June 29, 1982, the Registrar of the University issued a notification whereby it was notified that consequent on the Chancellor's assent to the amended Ordinances Nos.39, 39B, 39(C), 39(F), 40 and 41, the Faculty or Engineering, M.B.M Engineering College, University of Jodhpur, Jodhpur here by joins with immediate effect the common centralised admission procedure for admission into the First Year B.E. of the Five Year Integrated Course.
(3.) THE respondent in each of these appeals has passed the Higher Secondary Examination of the Board of Secondary Education, Rajasthan (hereinafter referred to as "the Board of Secondary Education") as a regular candidate. In accordance with Regulation 22 of the Regulations framed by the Board of secondary Education, all these respondents had again appeared at the Higher Secondary Examination conducted by the Board of Secondary Education in the year 1982 in certain subjects only with a view to improve their percentage of marks in those subjects. As a result of the condition laid down in para 5.2 -4 of the centralised admission circular as well as Ordinance 39B (as amended), the higher marks obtained by the respondents in the subjects in which they had reappeared at the examination of the Board of Secondary Education held in the year 1982 could not be taken into consideration for the purpose of preparation of the merit list for selection. The said respondents, therefore, filed writ petitions before this Court wherein they challenged tie validity of the amendments introduced in Ordinances 39 to 41 of the University as well as the notification dated June 29, 1982 issued by the Registrar. The said writ petitions have been allowed by the learned single Judge by his judgment and order aforesaid. Hence these appeals.;