JUDGMENT In all these three petitions, there Involves common question of law to be determined by this Court, as such, the petitions are being decided by a common judgment. 2. Writ petition no. 305(M/S) 2002 has been filed by 13 petitioners who have passed 4th years course of B.Sc. (Agriculture) from G.B. Pant University of Agriculture and Technology, Pantnagar, district Udham Singh Nagar (hereinafter referred to as the University). The petitioners have appeared in the entrance examination for Master's course. According to the petitioners, petitioners nos. 1 to 4, 6 to 9, 11 & 12 have qualified the entrance test conducted by the University for Master's Degree In Agriculture. 3. In writ petition 337 (M/S) 2005, there are 17 petitioners who have passed Bachelor of Veterinary Science from the University which is five year's course. The petitioners in this writ petition have appeared in the entrance examination conducted by the University for Master's course in Veterinary Science and according to the petitioners, petitioner nos. 1, 2, 7 to 15 and 17 have qualified the entrance test. 4. Writ petition no. 425 (M/S) 2005 has been filed by 7 petitioners. They have also passed Bachelor of Veterinary Science course from the University. They also appeared In the entrance examination for admission In Master's Degree in Veterinary Science and according the petitioners, petitioner nos. 4, 5 & 6 have qualified the entrance test. 5. In writ petition no. 305(M/S) 2005, the petitioners have prayed to issue a writ, order or direction In the nature of mandamus directing the respondents not to give effect to Clause 13(ii) of Chapter II of the prospectus issued by the University for the Academic Year 2005-2006, contained as Annexure no.1 to the writ petition. Further prayer has been made by the petitioners to issue a writ in the nature of mandamus commanding the respondents to permit the petitioners to appear in the entrance examination to be conducted by the University on 04-06-2005 for Master's programmes. 6. Similar is the prayer in writ petition no. 337 (M/S) 2005 and in writ petition no. 425 (M/S) 2005. 7. Heard Sri B.D. Upadhyay, learned counsel for the petitioners and Sri Rajendra Dobhal, learned counsel for the respondent-University. 8. So far as the prayer no. 6. Similar is the prayer in writ petition no. 337 (M/S) 2005 and in writ petition no. 425 (M/S) 2005. 7. Heard Sri B.D. Upadhyay, learned counsel for the petitioners and Sri Rajendra Dobhal, learned counsel for the respondent-University. 8. So far as the prayer no. 2 is concerned, the petitioners have not pressed this prayer by which they have prayed that direction be issued to the respondent-University to permit the petitioners to appear in the entrance examination to be conducted by the University on 04-06-2005 for Master's programmes. The petitioners have appeared In the entrance examination and some of them have also qualified in the entrance examination. In the existing circumstances no order Is required to be passed in respect of relief no.2. 9. Now there remains only relief no.1 to be determined by this court in all the three petitions; by which the petitioners have prayed that the University be directed not to give effect to Clause 13 (II) of Chapter II of the prospectus Issued by the University for the Academic Year 2005-2006. Clause 13 (ii) of Chapter II of the prospectus for the year 2005-2006 reads as under :- 13(ii) : - “ after allocation of 30 percent seats to ICAR in Master’s programmes remaining seats shall be available for bonafide residents of , Uttaranchal State." 10. In the counter affidavit, the respondent-University has submitted that prior to creation of State of Uttaranchal, the University was the part of State of Uttar Pradesh and the erstwhile State had adopted following policy for admission In respect of other States' candidates :- "The admission to other than U.P. candidates shall be made through the competitive entrance examination, conducted by ICAR. 15% seats in under graduate and 25% seats in post graduate programmes under general' and scheduled caste categories shall be filled up through the all India test, conducted by I.C.A.R. The candidates falling in either of the following categories will be considered in 'other State' category :- (a) " A candidate, who is a permanent resident of outside Uttar Pradesh State since' birth, shall be' considered other State candidate. (b) A candidate, whose permanent address is outside the Uttar Pradesh State, but he has passed, his qualifying examination from Uttar Pradesh, shall also be considered as other State candidate unless he submits domicile certificate of Uttar Pradesh, alongwith the, application. (b) A candidate, whose permanent address is outside the Uttar Pradesh State, but he has passed, his qualifying examination from Uttar Pradesh, shall also be considered as other State candidate unless he submits domicile certificate of Uttar Pradesh, alongwith the, application. (c) A candidate, whose permanent, address is in Uttar Pradesh, but he passed his qualifying examination out of Uttar Pradesh, has to submit domicile certificated from Uttar Pradesh; along with application form, to be considered as Uttar Pradesh candidate. (d) The admission shall be governed by the procedure, adopted by ICAR., New Delhi for other States." 11. After creation of State of Uttaranchal on 09-11-2000, the State of Uttaranchal has changed the policy for the academic year 2001-02, 2003-04 which is as under :- "(a) For domicile of Uttaranchal : (i) After allocation of 15% seats of I.C.A.R./V.C.I. in undergraduate except B. Tech. and 25% seats in master's programmes excluding M. Tech. Cold Regional Science and Engineering, 70% of the remaining seats shall be available for domicile candidates of Uttaranchal State. However, for admission to' Ph.D. programmes, the available seats for them shall be 70 percent of the sanctioned seats. (Ii) The seats, not filled by the Uttaranchal candidates, shall be converted to as the payment seats and shall be filled up accordingly. (b) Admission against payment seats : 20% of the sanctioned seats after allocation of seats to I.C.A.R./V.C.I. in all undergraduates (except B. Tech.), master's & Ph.D. programmes are available under this category. The candidates desirous of seeking admission against payment seats are required to appear in the entrance examination and qualify as per the requirement to a degree programme, in which they seek admission. Academic eligibility qualification for such candidates will be the same as for general candidates seeking admission through entrance examination. The programme will be allotted to them as' per their merit in the entrance examination. The candidates shall have to (pay) Rs. 1.00 lac per year for a seat in B.V.Sc. & A.H. and Rs. 40.00 thousand per year for admission to other under graduate, master's and Ph. D. programmes in addition to other University fee. (c) Admission of NRI wards/NRI sponsored candidate: 10% of the sanctioned seats after allocations of seats to I.C.A.R/V.C.I. in all under graduate (except B. Tech.), master's and Ph.D. programmes are available in this category, for which a separate information bulletin is Issued. D. programmes in addition to other University fee. (c) Admission of NRI wards/NRI sponsored candidate: 10% of the sanctioned seats after allocations of seats to I.C.A.R/V.C.I. in all under graduate (except B. Tech.), master's and Ph.D. programmes are available in this category, for which a separate information bulletin is Issued. The information bulletin, along with the application form, may be obtained from the Coordinator's Office after payment of US$ 10 or Rs. 500.00. The candidate in addition to other semester dues shall have to pay tuition fee of US$ 4000 per annum, and for each additional semester US$ 2000. " 12. The Govt. of Uttaranchal vide is order dated 17-08-2001 has formulated Interim policy of domiciles for admission In the University. As per the policy, the eligible candidates for any course in the University shall be based on regional aspect under the general category who have passed qualifying examination from any institution situated, in the State of Uttaranchal. This benefit was provided to only those candidates who have their permanent residence either at Uttaranchal or in the State of Uttar Pradesh. By this order, this facility was provided for the academic year 2001-02. 13. Vide order dated 16-05-2002 of the State of Uttaranchal, a new admission policy was formulated for different courses by the University and as per paragraph no 5 of the above G.O. dated 16-05-2002, the students who are studying In the University and have been selected through the entrance test conducted by the University shall get admission in the Master's course and Ph.D. course at par with the students who are domicile of Uttaranchal. This benefit was provided for three years. Another Govt. Order was issued by the State of Uttaranchal on 28 February 2004 and the benefit provided under Clause 5 of the G. O. dated 16-05-2002 was extended for the academic year 2004-05. However, vide Clause 3 of G.O. issued by the State of Uttaranchal dated 2nd March 2005, the benefit provided vide G.O. dated 28th February 2004 has not been extended for the academic year 2005-06. With the result of withdrawal of the benefit it is determined that after allocation, 30% seats shall be filled by I.C.A.R. (Indian Council for Agriculture Research), and 70% seats shall be filled by the bonafide residents of Uttaranchal State. 14. With the result of withdrawal of the benefit it is determined that after allocation, 30% seats shall be filled by I.C.A.R. (Indian Council for Agriculture Research), and 70% seats shall be filled by the bonafide residents of Uttaranchal State. 14. Learned counsel for the petitioner could not show any illegality or arbitrariness in reserving 70% seats for domiciles of State of Uttaranchal. The petitioners who are residents of State of U.P., may get admission under 30% quota in Master's programmes reserved to be filled through I.C.A.R. and they cannot Claim for remaining 70% seats when have been kept reserved for the bonafide residents of State of Uttaranchal as per prospectus issued by the university for the academic year 2005-06. 15. Learned counsel for the petitioner has submitted that there are as many as 106 seats available with the University for Master's programmes in the Agriculture Majors. He has submitted that after reserving 30% seats to I.C.A.R. in Master's programmes there remains about 73 seats, and the candidates who are domicile of Uttaranchal and have qualified entrance examination for admission of the aforesaid course, their number is very few, therefore the result of framing of the policy would be that most of the seats in Master's course in the University shall remain vacant. He has submitted that similar is the situation in the Master's course in respect of veterinary Science where there are 94 seats available with the University and only six candidates, who are domicile of the State of Uttaranchal, have qualified entrance test. All these pressing and material issues have been raised by the learned counsel for the petitioners, for the first time, during the course of argument and no affidavit to that effect has been filed by the petitioners, as such, the respondents had no opportunity to controvert them. Therefore, I do not find force in the submission made by learned counsel for the petitioners, as the same have been argued without having any record. 16. In the result, I do not find any illegality or arbitrariness in Clause 13 (ii) of Chapter II In the prospectus Issued by the University for admission In Master's course in Agriculture Major as well as in Veterinary Science Major. 17. 16. In the result, I do not find any illegality or arbitrariness in Clause 13 (ii) of Chapter II In the prospectus Issued by the University for admission In Master's course in Agriculture Major as well as in Veterinary Science Major. 17. Undoubtedly, there appears no reason to interfere with Clause 13 (II) of Chapter II issued by the University' for admission In Master's course in Agriculture Major as well as In Veterinary Science Major. In case, the seats in Agriculture Major vis-a-vis in. Veterinary Science Major .are not being filled as per the policy provided in the prospectus, as stated by the learned counsel for the petitioners, it is open for the University to approach the Government for obtaining suitable orders and the Government; after considering upon all the relevant issues may pass appropriate orders, if required. 18. Consequently, all the three writ petitions are dismissed. No order as to costs. 19. let a copy of this order be placed In writ petition no. 337(M/S) 2005 and writ petition no. 425(M/S) 2005.