Research › Search › Judgment

Allahabad High Court · body

2012 DIGILAW 2765 (ALL)

PANDIT KUNDAN LAL SHUKLA MAHAVIDYALAYA, PRASIDHPUR, RANIYA, KANPUR DEHAT v. STATE OF U. P.

2012-12-03

ARUN TANDON

body2012
Arun Tandon, J. Petitioner before this Court seeks a writ of mandamus asking the University to accept the examination form of the students admitted in the college of the petitioner in the additional sections as per the Government Order dated 04.02.2011. In the opinion of the Court the prayer so made by the petitioner is wholly misconceived, so far as it pertains to the additional sections in respect of B.Com. and B.Sc. Degree Courses. It may be recorded that the Government Order dated 04.02.2011 relied upon by the counsel for the petitioner refers to the Government Order dated 27.01.2011, copy whereof has been produced today before this Court. The Government Orders pertains to the subjects of Arts faculty only. The same has no application in the matter of calculating the intake of students in B.Com. and B.Sc. Courses as per the selections. It may be recorded that so far as the B.Sc. three years' Degree Course is concerned, admission to the students is provided group wise, for example Mathematics Group, Biology Group etc. Each group comprises of three subjects e.g. Mathematics Group comprises of the subjects Physics, Chemistry and Maths while the Biology group comprises of the subjects of Zoology, Botany and Chemistry. It will be seen that at least two of the subjects in each group include practical papers for which necessary Laboratory etc. has to be provided for with supporting staff and equipment. The method of calculation of number of intake of students, therefore, cannot be compared with one which has been provided for Arts subjects under the government order. In the facts of the case the University had specifically granted permission for two sections in Biology Group and two sections in Mathematics group. Each section to have 60 students. A copy of the order has been brought on record as Annexure-1 to the writ petition and are dated 14.07.2012 and dated 12.08.2011 respectively. These orders are not only subsequent to the government orders relied upon by the counsel for the petitioner, they are also specific in the number of sections and the maximum students to be admitted in a section. Same is the position with regard to the B.Com. Course, permission whereof has been granted by the University. These orders are not only subsequent to the government orders relied upon by the counsel for the petitioner, they are also specific in the number of sections and the maximum students to be admitted in a section. Same is the position with regard to the B.Com. Course, permission whereof has been granted by the University. Counsel for the University is also right in pointing out that under Statute 13.27 of the First Statute of the Kanpur University, it has specifically been provided that before any new section is opened, the institution shall seek prior permission from the Vice Chancellor disclosing all material facts. There is nothing on record to establish that the College ever made any application for admitting students in excess of that permitted under the affiliation order of the University or for opening of new sections nor any order of the Vice Chancellor permitting such additional intake of the students has been brought on record. In view of the aforesaid, no relief can be granted to the petitioner. Writ petition is dismissed.