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Allahabad High Court · body

1993 DIGILAW 252 (ALL)

Kumari Mohini Gupta v. Allahabad University

1993-04-12

VIJAY BAHUGUNA

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JUDGMENT : VIJAY BAHUGUNA, J. 1. Heard Sri V.B. Singh, counsel for the Petitioner and Sri S.J. Haidar, Counsel for the Allahabad University. 2. By means of the present petition under Article 226 of the Constitution the Petitioners challenge the validity of Rule 6 of the Admission Information Booklet 1992-93 and further pray for the issuance of a writ of mandamus directing the Allahabad University to admit them in B.A. Part I in the subjects, which they had offered. 3. The facts in brief are that the Petitioners had passed their Inter mediate examination of the year 1992. The subjects of the Petitioners were Hindi, English, Vocational Foundation subject and Vocational Photography. The vocational subjects are wood work, leather work, book binding. Spinning and Weaving Dying and Laundry work (all practical subjects). 4. The admission policy of the University as framed by the Admissions Committee is contained in the booklet issued by the University in this regard. The admission policy was formulated by the Admissions Committee and the same was approved by the Academic Council. The Admissions Committee decided to give only the benefit of 2% to the students, who had offered vocational subjects in Intermediate classes. The Rules were framed by the Admissions Committee u/s 28(3) of the Uttar Pradesh State Universities Act, 1973 and thereafter the same were approved by the Academic Council. As a result of the admission policy, which is in force since 1970, only 2% mark is given for the vocational subjects for the purposes of determining the aggregate of the students for admission in the University in B.A. Part I. 5. In paragraph 7 of the counter-affidavit filed on behalf of the University it has been specifically stated that there are no vocational subjects in the curriculum of the Allahabad University and further that there is no department of photography in B.A. Part I and as such the marks obtained by the students in vocational subjects in the Intermediate examination are not taken into consideration as a whole, but only 2% of the marks obtained in vocational subjects are taken into account for determining the aggregate. 6. 6. The Petitioners contend that as the vocational subjects have been approved by the Uttar Pradesh Board of High School and Intermediate Education, the University is acting arbitrarily and unreasonably by giving the benefit of only 2% marks in the vocational subjects for the purposes of admission and on this ground they have challenged the vires of Rule 6 of the Admission Information Booklet 1992-93. 7. Counsel for the Petitioners placed reliance on the following decisions of the Supreme Court Smt. Maneka Gandhi's Case, AIR 1987 SC 597, Deepak Sibal vs. Punjab University and Another, (1989) 2 SCC 145 , Punjab Engineering College Chandigarh through its Principal vs. Sanjay Gulati and Others, (1983) 3 SCC 517 , Dr. Dinesh Kumar and Others vs. Motilal Nehru Medical College, Allahabad and Others, (1987) 4 SCC 122 and State of Uttar Pradesh and Others vs. Dr. Anupam Gupta, (1993) 1 SCC 594. These decisions were relied upon in support of the argument that the admission policy of the University of taking into account only 2% of the marks obtained in the vocational subjects is arbitrary and as such violative of Aeticle 14 of the Constitution. 8. No doubt, the admission policy as framed by the Admissions Committee and the Academic Council is open to judicial review by this Court in proceedings under Article 226 of the Constitution, but the Court is conscious of the inherent limitations which exist in the exercise of power by this Court under Article 226 of the Constitution in the sphere of education. It is for the experts in the field of education to determine and prescribe norms on which admissions will be granted for higher studies and unless and until the policy of the academic institutions is patently arbitrary or unreasonable the Courts are reluctant to substitute their own wisdom to that of the Universities. The admission policy of the University, which is in existence since 1970 cannot be termed as arbitrary and unreasonable as there is no Department of vocational subjects in the University and in the curriculum of the University such subjects are not taught in B.A. classes. Only the University is giving a Diploma in photography. If the vocational subjects are not in the curriculum of the University certainly the academic council in its wisdom was rightly decided to take only. Only the University is giving a Diploma in photography. If the vocational subjects are not in the curriculum of the University certainly the academic council in its wisdom was rightly decided to take only. 2% of the marks obtained in vocational subjects for the purpose of determining the aggregate of the students for admission in the University, The vocational subjects are not the regular subject which are taught in the Allahabad University and as such the University has taken into account only the marks obtained in the regular subjects plus 2% of the marks obtained in the vocational subjects for determining the over all aggregate of such students, The Petitioners' marks of the regular subject have been taken as a whole and as such the University has not discriminated the Petitioners vis-a-vis the other students, who are seeking admission in the University in the regular subjects. Vocational subjects not being prescribed in the curriculum of the University, the, decision of the Academic Council to take only 2% of the aggregate of such subjects cannot be termed as arbitrary and unreasonable. 9. For the reasons given above, the writ petition fails and is dismissed. There shall be no order as to costs.