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J&K High Court · body

2013 DIGILAW 20 (JK)

Baseerat Tahir & Ors. v. University of Kashmir & Ors.

2013-01-03

MUZAFFAR HUSSAIN ATTAR

body2013
1. The issue involved in these writ petitions being similar, they are taken up for consideration together and are disposed of by this order. 2. These are three writ petitions. Admission notification for B.Ed/M.Ed for Leh and Kargil, Session 2011-12 was issued by Directorate Distance Education University of Kashmir, Srinagar on 2nd of July 2011. The relevant terms and conditions of the notification are taken note of:- "Issuance and Submission of Form The complete form along with necessary certificates as reflected in the prospectus may be submitted at respective study centers by hand or by post viz, Leh and Kargil only. Note. No applications either by hand, post or courier shall be accepted after the last date and Directorate is not responsible for postal delay." 3. The petitioners responded to the said notification and in terms of notification No. 1 admittedly they figured in the select list for undergoing M.Ed Course (Leh). 4. The respondent-Director issued corrigendum dated 27th Sept. 2011. In terms of the said corrigendum, selection list of Leh chapter issued in terms of notification No, F9Adm-B.Ed/M.Ed Leh/Kargil) KU/2011 dated 24.09.2011 was kept in abeyance. It was also provided that fresh selection list will be published very soon. After fresh selection list was published on 2nd Oct. 2011, the petitioners because of their merit did not figure in M.Ed Leh chapter. The petitioners, thus, were constrained to challenge the action of respondents in these writ petitions. 5. On notice issued, respondent-University authority filed objections. In para-graph-3 of the objections, it is stated that a complaint was received that only 94 application forms were considered and other 1981 application forms were not considered and it is for this reason the earlier selection list was kept in abeyance and on reconsideration of the matter, the second selection list was issued. 6. Ld counsel for the petitioners submitted that respondent in the notification dated 2nd July 2011 have specifically stated that the complete forms along with the necessary certificates as reflected in the prospectus were to be submitted at respective study centers by hand or by post. Ld counsel also submitted that further condition contained in the notification provided that no application either by hand, post or courier shall be accepted after the last date and Directorate would not be responsible for postal delay. Ld counsel also submitted that further condition contained in the notification provided that no application either by hand, post or courier shall be accepted after the last date and Directorate would not be responsible for postal delay. It is submitted that on the admission of respondents only 98 application forms were submitted in time and the select list was issued in which the petitioners figured. Ld counsel submitted that, those, application forms which were not received in time were not to be considered for determining the interse merit of the candidates Ld counsel submitted that the respondents have subjected the petitioners to incalculable sufferings and their right to prosecute the M.Ed course has been taken away without any lawful reason. 7. Mr. J.A. Kawoosa, Id counsel for the University of Kashmir submitted that Session 2011-2012 is complete in as much as the selected candidates have taken their examination and these writ petitions are rendered in-fructuous. Ld counsel while inviting the attention of the court to paragraph-3 of the objections submitted that 1981 candidates had submitted their application forms through post before the due date and these application forms were received by the Study Center Leh beyond the prescribed time because of the postal delay. Ld counsel submitted that there is no fault of the candidates who had submitted the application forms and prayed for dismissal of the writ petition(s). 8. The respondents in the notification dated 2nd July 2011 had provided terms and conditions which included the one wherein it was provided that no application either by hand or post or courier would be accepted after the last date and that the Directorate would not responsible for the postal delay. 9. In view of the admission made by the respondents in their objections that 1981 application forms were received by the Study Center Leh beyond the last date fixed in the notification, these application forms in view of the terms and conditions of the notification dated 2nd July 2011 were not to be considered by the respondents. The respondents have issued notification dated 2nd of July 2011, the terms and conditions contained therein bind them. 10. The Hon'ble Supreme Court in case titled Ashok Kumar Sharma and ors v. Chander Shekhar and anr reported in 1997 (4) SCC18 has specifically ruled that the authority which issues the notification is bound by its terms and conditions. The respondents have issued notification dated 2nd of July 2011, the terms and conditions contained therein bind them. 10. The Hon'ble Supreme Court in case titled Ashok Kumar Sharma and ors v. Chander Shekhar and anr reported in 1997 (4) SCC18 has specifically ruled that the authority which issues the notification is bound by its terms and conditions. The respondents in the facts and circumstances of this case have by violating the terms and conditions of their own notification deprived the petitioners who were selected on the basis of merit for undergoing M.Ed Course Chapter Leh to prosecute the said course. Their right to prosecute the higher course has been defeated which in turn has infringed the constitutional guarantee available to it in terms of Art, 21 of the Constitution of India. 11. The students who were selected in terms of the impugned notification, it is stated at bar, have completed the course, so impugned notification in these facts and circumstances cannot be set aside. 12. The justice, however, is to be meted out to by directing the respondents to select the petitioners to undergo M.Ed course chapter Leh in the next available session without taking their merit into consideration. 13. For the above stated reasons, these petitions are disposed of and respondents are directed to select the petitioners to undergo M.Ed course Chapter Leh in the next available session. This relief is available only to petitioners who have filed these writ petitions. 14. Disposed of.