Supreme Court of India
KURUKSHETRA UNIVERSITY AND ANR.versusJYOTI SHARMA AND ORS. ETC.
- Citation
- 1998 INSC 369
- Decided
- 18 September 1998
- Disposal
- Disposed off
- Bench
- A S ANAND
Holding
The Vice‑Chancellor could not have exercised power under Section 11(5) in the facts, but since all three vacant seats have been filled, the High Court's order cancelling Mukesh and Sunaina’s admissions is set aside, allowing all three students to continue their studies.
Summary
The Kurukshetra University closed admissions to its M.Sc (Zoology) programme for 1997‑98 after publishing four merit lists, but four students later left creating vacancies. The university handbook prescribed the admission schedule but was silent on how to fill seats that became vacant after closure. The Vice‑Chancellor, invoking Section 11(5) of the Kurukshetra University Act, 1986, issued notifications on 22 August and 9 September 1997 calling candidates, including those who had not previously deposited fees, to appear for admission; Mukesh and Sunaina (higher merit) were admitted without personal appearance, while Jyoti Sharma (lower merit) appeared but was not admitted. Jyoti Sharma filed a writ petition; the Punjab & Haryana High Court held that the Vice‑Chancellor had no emergency power under Section 11(5) and cancelled Mukesh and Sunaina’s admissions, ordering Sharma’s admission. On appeal, the Supreme Court agreed that the Vice‑Chancellor could not have exercised Section 11(5) in the circumstances, but observed that all three vacant seats were now occupied and therefore set aside the High Court’s cancellation, allowing Mukesh, Sunaina and Sharma to continue their studies. The appeals were disposed of without any order as to costs.
Issues considered
- Whether the Vice‑Chancellor was justified in exercising the emergency powers under Section 11(5) of the Kurukshetra University Act, 1986 to issue notifications for filling vacant seats after admissions were closed.
- Whether the High Court could validly direct admission of a lower‑merit candidate by cancelling the admissions of higher‑merit candidates when all three seats were vacant and subsequently filled.
Subjects
university admission procedureSection 11(5) emergency powersmerit listvacant seatswrit petitionhigher education administrative law
Judgment
KURUKSHETRA UNIVERSITY AND ANR. A
v.
JYOTI SHARMA AND ORS. ETC.
SEPTEMBER 18, 1998
[DR. A.S. ANAND AND D.P. WADHWA, JJ.) B
Kuntkslzetra University Act, 1986 :
S. 11 (5)-{Jniversity-Admissions-Handbook prescribing admission
procedure-Entrance test-Successful candidates to present themselves pe1~
sonally be/ore compete/It authority-Admissions closed-Seats falling vacant
c
due to some students leavi11g-Vice Cha11cellor issuing notifications c.alli11g
the candidates who could not deposit fee earlier-Admission granted to two
candidates and de11ied to the third stude11t who had presented herself per-
s011ally be/ore the authority co11cemed-Her writ petitio11 allowed by High
Cowt-Held, High Cowt was right i11 holding that Vice-Cha11cellor could 11ot D
have issued the notifications-However, si11ce all the three students have bee11
accommodated, they would continue their studies.
In Kurukshetra University, after closure of admissions to M.Sc
(Zoology) for the academic session 1997-1998, four students left the course
giving rise to four vacancies in the course. The hand book prescribed the
E
admission procedure and eligibility conditions. It prescribed the schedule
of dates for entrance test and admissions. The dates of displaying the first
list, the second list, the third list and the fourth list were given as 15.7.1997,
18.7.1997, 22.7.1997 and 24.7.1997. Thereafter the admissions were closed.
F
The hand book did not lay down any procedure to be followed to till
the seats falling vacant after closure of admissions. The Vice-Chancellor
purporting to exercise his powers under S. 11(5) of the Kurukshetra
University Act, 1986 issued Notification dated 22.8.1997 for tilling up the
vacant seats and called upon those candidates who had been called earlier
but had not deposited the fee. Out of those candidates only two appeared. G
Two more students who had not been called earlier, appeared. Two seats
were tilled in the order of merit. For the remaining two seats, following
directions of the Vice-Chancellor issued on 9.9.1997"more· students in
order of merit were called. This time out of the three claimants, namely,
'M', 'S' and 'JS', the first two, namely, 'M' and 'S' were granted admission, H
647
648 SUPREME COURT REPORTS [1998) SUPP.1 S.C.R.
A and 'JS' being lower in the order of merit, though appeared personally,
was not granted admission.
'JS' filed a writ petition in the High Court, which was of the view that
various provisions as contained in the Hand book showed that the can-
didates whose names appeared in the merit list could be considered for
B admission provided they presented themselves on the scheduled dates and
time in the ,department concerned, and since 'M' and 'S' did not present
themselves before the competent authority between July 15, and July 24,
1997, they had lost their right to be considered for admission and it was
the bounden duty of the authority concerned to have granted admissions
C in the order of merit to the candidates who had made themselves available
on the last date of admission. It held that the admission granted to 'M'
and 'S' were contrary to the procedure prescribed. It cancelled their
admissions and allowed the writ petition. Aggrieved, the University as well
as 'M' and 'S' filed the present appeals.
D During the pendency of the appeal, it was pointed out that three seats
were vacant in M.Sc (Zoology) and all the three candidates viz. appellant
'M', 'S' and respondent 'JS' could be permitted to attend the classes.
Accordingly, they have been continuing their studies in the subject.
E Disposing of the appeals, the Court
HELD : 1. The High Court committed no error in holding that the
Vice-Chancellor could not have, in the established facts of the case, exer-
cised power under Section 11(5) of the Kurukshetra University Act, 1986
F by issuing Notification dated August 22, 1997 and September 9, 1997. As
regards the objection of the University that there could be more
meritorious student than the respondent 'JS', suftice it to say that no one
has come forward to stake his claim for admission and since one academic
year has already been over it loses its relevance. [657-G-H; 658-A]
G 2. Since three seats in M.Sc. (Zoology) for the academic year 1997-98
were vacant at the time when these matters came up before the Court and
all the three students, namely 'M', 'S', and 'JS' have been accommodated,
the order of the High Court cancelling admissions of 'M' and 'S' is set
aside. All the three students can continue their studies in M.Sc. (Zoology)
H in the University. [658-B-CJ
KURUKSHE1RA UNIVERSITY v. JYOTI SHARMA [D.P. WADHWA, J.] 649
CIVIL APPELLATE JURISDICTION : Civil Appellate No. 4890 of A
1998 Etc.
From the Judgment and Order dated 11.12.97 of the Punjab &
Haryana High Court in C.W.P. No. 14750 of 1997.
Nidesh Gupta and Ms. Minakshi Vij for the Appellants. B
Pankaj Kalra, Manoj Goel and Ms. J.S. Wad for the Respondents.
The Judgment of the Court was delivered by
D.P. WADHWA, J. Leave granted. c
Roth the appeals are against the judgment dated December 11, 1997
of the Division Bench of the Punjab and Haryana High Court. By the
impugned judgment High Court allowed the writ petition of Jyoti Sharma,
filed under Article 226 of the Constitution, seeking admission to M.Sc. D
(Zoology) in Kurukshetra University (for short 'University') for the
academic year 1997-98 and for cancelling the admission of Mukesh and
Sunaina to the same course. Both the University and Mukesh felt aggrieved
and have filed these appeals. In the appeal filed by the University, respon-
dents are Jyoti Sharma, Mukesh and Sunaina while in the appeal filed by
Mukesh, respondents are the University, Jyoti Sharma and Sunaina. When E
special leave petitions came up before this Court on April 6, 1998 it was
pointed out by the University that three seats in M.Sc. (Zoology) in the
University were still vacant and that all the three students, namely, Mukesh,
Sunaina and Jyoti Sharma could be permitted to attend. the classes and
appear in exar.1ination subject, of course, and without prejudice rights of F
the parties in these appeals. These three students are continuing their
studies in the subject. Thus the appeals would, therefore, appear to be
rather more of academic interest but then since the High Court held that
the VicecChancellor of the University could not have exercised powers
under Sub-section (5) of Section 11 of the Kurukshetra University Act,
1986, (for short 'Act') while granting admission to Mukesh and Sunaina, G
who were in the merit list at serial Nos. 1 and 26 and had cancelled their
admission and instead directed admission of Jyoti Sharma, who was in the
merit list at serial No. 30, two questions have arisen for our consideration
- (1) if the Vice-Chancellor was justified in invoking his powers under
Section 11(5) of the Act, and (2) could the High Court direct admission H
..
650 SUPREME COURT REPORTS [1998) SUPP. l S.C.R.
A of Jyoti Sharma, who was lower in the merit list, without giving opportunity
to other candidates higher in order of merit?
To answer these questions we may examine how the controversy
arose which lead Jyoti Sharma to approach the High Court. For admission
to various courses including M.Sc. (Zoology) for the academic year 1997-98
B University issued Handbook of Information (Handbook) giving the back-
ground of the University and prescribing admission procedure including
eligibility conditions. It was, however, made clear in the Handbook that
nothing contained therein should be construed to convey sanction or cited
as an authority for which University regulations in calendars Volume-I, II
C and the relevant rules in calendar Volume-III alone were applicable. Up
to the stage of drawing the merit list for admission there is no dispute.
Handbook prescribed the schedule of dates for entrance test and admis-
sions. For M.Sc. (Zoology) it was as under:-
Date of Entrance Test 11.07.1997
D
Time of Entrance Test 9 a.m.
Dates for displaying the first list 15.07.1997
Second List 18.07.1997
E Third List
Final List
22.07.1997
-
24.07.1997
One to three days time was given for deposit of fees to the candidates who
F were granted admission. Some of the relevant clauses of the admission
procedure as given in the Handbook are as under:-
"(a) Candidates will not be required to appear for interview unless
otherwise specified. The merit list of the selected candidates will
be displayed on the Notice Board of the department concerned.
G Candidates are advised to attach all the documents and the tes-
timonials along with their applications for determining their
eligibility and merit and for allowing weightages. Incomplete and
late applications will not be considered. Candidates whose narne(s)
appear in the Merit List will be considered eligible for admission
H within the prescribed time. Such candidates will have to present
KURUKSHETRA UNNERSITYv. JYOTI SHARMA [D.P. WADHWA,J.) 651
themselves on the scheduled time and date in the concerned A
Department for verification of their original documents. No excuse
whatsoever shall be entertained for non-production of original
documents.
(b) The candidates whose names appear in the merit lists will be
considered .eligible for admission within prescribed time. Such B
candidates will have to present themselves in the Department
concerned at the scheduled date, time and place with their original
certificate and documents for verification. No excuse of any sort
including late arrival of buses, trains or any other mode of
transport, and claims of having been sick, for not presenting
themselves in time shall be entertained. c
(c) All the remaining vacant seats under various categories, except
those reserved for Scheduled Castes/Scheduled Tribes, after dis-
play of 2nd list will be grouped together and considered open and
will b:! filled up on the basis of open merit out of eligible candidates D
who had applied by the last date specified and had also appeared
in the entrance·test.
(d) All the candidates who may be interested in seeking admission
shall physically present themselves in the concerned Department
between 9.00 a.m. to 11.00 a.m. on the date given in the schedule E
of admissions to mark their attendance provided that they had
submitted their Admission Form in time and had also appeared in
the entrance test. Thereafter the final merit list will be prepared
from amongst those who have marked their attendance. It will be
displayed on the Notice Board of the respective Department.
Candidates so selected will get their documents verified and obtain F
the admission slip from the Chairperson of the Department con-
- cerned and deposit their dues etc. as specified above."
There are twenty seats in M.Sc (Zoology) in the University. Follow-
ing the procedure prescribed in the Handbook names of first twenty G
students in the merit list were displayed on the Notice Board on July 15,
1997. Of these twenty only nine students deposited their fees and were
granted admission. For the remaining eleven seats names of eleven students
in different categories (Open/SC/ST) in the merit list were displayed on
July 18, 1997. Of these only six deposited their fees and were granted
admission. For the remaining five seats names of students similarly in the H
652 SUPREME COURT REPORTS [1998] SUPP. 1 S.C.R.
A merit list were displayed on July 22, 1997 and out of them only three
students deposited their fees and were granted admission. As on July 24,
1997 two seats continued to remain vacant even after third list was dis-
played. As per the Handbook all eligible students could now contest for
these two seats by being physically present on July 24, 1997 on which date
two most meritorious students got admission. It is the submission of the
B Univernity that physical presence of students seeking admission is required
only in the fourth list on July 24, 1997 and for the three earlier lists student
were not required to be physically present but were required to deposit
their admission fee after getting their testimonials checked. We do not
think that this submission arises for any consideration before us. All the
C seats haVing been filled up on July 24, 1997 admissions were closed.
However, for students left the course and as a consequence four vacancies
arose after July 24, 1997. These vacancies not only arose in the Department
of M.Sc. (Zoology) but in various other Departments in the University. The
Handbook did not specify as to what is to be done in such circumstances.
Here the Vice-Chancellor of the University intervened. He issued a
D Notification dated August 22, 1997 having regard to number of vacant seats
in the University Teaching Departments. He ordered:-
"l. Where the seats are vacant and admission forms are pending
in the departments, the department shall call three times the
number of candidates of the vacant seats for filling up such
E seats.
2.
The departments having vacant seats under category No. 1
above, shall call eligible candidates whose applications are
F pending (including those who could not deposit their dues)
by registered post/telegram for physical presence on 28.8.1997
and finalise these admissions by closing of current month,
with usual late fee." -
G Again, the Vice-Chancellor issued directions on September 9, 1997 to the
following effect :
"In continuation of this office letter No. ACM-3/admn. ·
97/19375- 416 dated 22.8.1997 in the University Teaching Depart-
ments, the Vice-Chancellor has ordered to extend the schedule as
H under:
KURUKSHEIRA UNIV:ERSITY v. JYOTI SHARMA (D.P. WADHWA, J.] 653
1. Where the seats are vacant and admission forms are pending A
in the departments, the department shall call three times the
. number of candidates of the vacant seats for filling up such
seats.
2.
B
3. The Departments having vacant seats under category No.1
above, shall call eligible candidates whose applications are
pending in the department, excluding those called for physical
presence on 28.8.1997 and failed to turn up, by registered
post/telegram for physical presence on 15.9.97 and finalise C
these admissions by 17.9.97 with usual late fee.
You are requested to take further necessary action accord-
ingly."
Following the directions issued by the Vice-Chancellor on August 22, D
1997 twelve students including those who had been called earlier but had
not deposited their fees were c<!lled on September 8, 1997 and out of them
only two appeared. Two more students including Jyoti Sharma, who had
not been called, also appeared. Two seats in the order of merit were filled
up. Again following the direction of the Vice-Chancellor dated September E
9, 1997 more students in the order of merit were called for remaining two
·seats and three appeared on September 15, 1997 and first two were granted
admission on the same day. Jyoti Sharma was not called for interview but
she appeared and as she was lower in the order of merit she could not be
granted admission. She then approached the High Court. F
- High Court examined the admission record maintained by the
University. It noticed that Mukesh and Sunaina never appeared personally
though Jyoti Sharma did appear on all the due dates and yet Mukesh and
Sunaina were granted admission. According to High Court a cumulative
reading of various provisions as contained in the Handbook showed that G
candidates, whose names appeared in the merit list, could be considered
eligible for admission provided they presented themselves on the scheduled
time and dates in the concerned department for verification of their
original documents and on their failure to deposit fee was the effect of
treating their seats vacant to be allotted to candidates next in the merit list. H
654 SUPREME COURT REPORTS [1998) SUPP. 1 S.C.R.
A High Court was thus of the view that Mukesh and Sunaina, who failed to
present themselves before the competent authority between July 15, 1997
and July 24, 1997, lost their right altogether to be considered for admission
and said "it was the bounden duty of the concerned authority to have
offered admissions in the order of merit to the candidates who had made
B themselves available on the last date of admission". High Court accepted
the contention of Jyoti Sharma that admission of Mukesh and Sunaina was
contrary to the rules as contained in the Handbook and the same was liable
to be nullified and Jyoti Sharma, who appeared next below in the merit list,
got the right to be admitted. High Court held that the University could not
have granted admission to Mukesh and Sunaina, which was contrary to the
C procedure prescribed in the Handbook and even after availing opportunity
of admission they failed to appear on July 15, 18, 22 and 24, 1997. High
Court found substance in the submission of Jyoti Sharma and there was no
explanation given by the University as to why the University did not admit
four candidates against open category seats from amongst those who had
D presented themselves on July 24, 1997. High Court held this action of the
University to be arbitrary. It appears to us that High Court felt in error in
accepting this submission of Jyoti Sharma as four seats which felt vacant
were after July 24, 1997. On July 24, 1997 all the thirty seats in the Zoology
Department had been filled up and admission closed. Since the Handbook
did not prescribe as to how the seats falling vacant were to be filled up
E after admission had been closed it was not necessary for the High Court
to conclude that students who had been given opportunity earlier and did
not avail of the same could never had been granted admission. Univer-
sity also fell in error in contending that under Section 11(5) of the Act
Vice Chancellor could take action and had power to issue notifications
F dated August 22, 1997 and September 9, 1997. High Court noticed that
Sub-sections (4) and (5) of Section 11 but University did not say if
power could be exercised under Sub-section (4) as the University based
its case solely on Sub-section (5) of Section 11. Both these Sub-sections
are as under :-
-
G "11(1), (2), (3) xx xx xx
(4) The Vice-Chancellor shall be the principal executive and
---
academic officer of the University and shall exercise general su-
pervision and control over the affairs of the University and give
H effect to the decisions of all the authorities of the University.
KURUKSHETRA UNIVERSITY v. JYOTI SHARMA [D.P. WADHWA J.] 655
(5) The Vice-Chancellor may, if he is of the opinion that immediate A
action is necessary on any matter, exercise any power conferred
on any authority of the University by or underthis Act, except in
the matters involving creation or abolition of a Faculty, Depart-
ment, or post, the matter involving appointment or removal of an
employee: B
Provided that the Vice-Chancellor, before exercising powers
under this Section, shall record in writing the reasons, why the
matter cannot wait till the meeting of the authority concerned:
Provided further that if the authority concerned is of the c
opinion that such action ought not to have been taken, the decision
of the authority thereon shall be final;
Provided further that person in the service of the University
who is aggrieved by the action taken by the Vice-Chancellor under D
the sub-section shall have the right to represent to the Executive
Council within one month from the date on which decision on such
action is communicated to him and thereupon the Executive Coun-
cil may confirm, modify or reverse the action taken by the Vice
Chancellor. The employee shall be informed that the action has
E
been taken under emergency powers.
xxx xxx xxx xxx xxx"
High Court said and in our view rightly that power under Section 11(5)
was hedged with the following conditions :- F
"(a) the Vice-chancellor must be of the opinion that immediate
.action is necessary on a particular matter;
(b) the Vice-Chancellor must record reasons in writing showing G
-. that the matter cannot wait till the meeting of the authority
concerned; and
(c) if the authority concerned is of the opinion that such action
ought not to have been taken, the decision of the authority is
to be treated final." H
656 SUPREME COURT REPORTS (1998] SUPP. 1 S.C.R.
A According to High Court there was no such emergency for the Vice-
Chancellor which warranted immediate action in his issuing two notifica-
tions and that he, therefore, could not have exercised powers under Section
11(5). High Court examined the records of the University and noted that
it did not show that Vice- Chancellor recorded any reasons in writing
B showing that immediate action was necessary to protect the interest of the
University and of the student community as required by first proviso to
Section 11(5). Thus according to High Court Vice-Chancellor could not
have exercised emergency powers to "facilitate the admission" to those who
rendered themselves ineligible to be admitted by remaining absent on the
dates specified in the rules and that the two notifications issued by him
C contravened rules framed by University for admission to various courses.
On these premise admission of Mukesh and Sunaina was set aside and
mandamus issued to admit Jyoti Sharma.
An objection has been raised by University that it was not correct on
D the part of the High Court to hdld that the Vice- Chancellor exercised
power to "facilitate the admission" of Mukesh and Sunaina thus causing
aspersion on the action taken by the Vice-Chancellor. We do not think that
the High Gourt intended to cause any aspersion on the Vice-Chancellor by
use of the words "facilitate the admission". Reading of the impugned
judgment of the High Court merely conveyed that the action of the Vice-
E Chancellor gave advantage to Mukesh and Sunaina for admission which
right they had lost. Nothing need be read more into the words used by the
High Court.
It was submitted by Mr. Gupta, learned counsel for the University,
F that the impugned judgment of the High Court has in effect, divested the
Vice-Chancellor of his powers of admission where the Handbook is silent.
He pointed out that under Section 11(4) Vice-Chancellor is principal
executive and academic officer of the University and is empowered to
exercise general supervision and control over the affairs of the University
and also to give effect to the decisions of all the authorities of the Univer-
G sity. Mr. Gupta said if the decision of the High Court is correct it would
be difficult for the Vice-Chancellor to smoothly run the affairs of the
University and it is not that Executive Council can be called as often as
contingency like the present one arises. According to Mr. Gupta it was a
case of emergency inasmuch as academic year had begun and seats had
H fallen vacant and there were students who were eligible for admission.
KURUKSHETRA UNIVERSITY v. JYOTI SHARMA [D.P. WADHWA,J.] 657
What the Vice-Chancellor did was to give option to all the remaining A
students irrespective of the fact whether they had appeared earlier or not
and then the admission was granted to more meritorious students. The
action of the Vice-Chancellor was reasonable and bona fide and in the
academic interest of the University.
Our attention has been drawn to Section 23 of the Act under which B
Executive Council, which is the principle executive body of the University,
is authorised to issue Ordinances. Under Section 22 an Ordinance may
provide for admission of students to University, their courses of study, etc.
Ordinance No. 1 provides that admission of students shall be regulated by
Admission Committee, constitution of which is provided therein. It is the C
Admission Committee which prescribes the manner in which admission to
the University Teaching Departments and to the colleges recognised/main-
tained by the University shall be regulated. It is the Admission Comm:ttee
which lays down the principles for drawing up merit lists of candiJates
applying for admission, number of seats, reservation of seats, schedule of D
dates for admission to various courses, etc. Reference was also made· to
Minutes of the Admission Committee which had prescribed the admisfion
procedure under the Handbook and which authorised the Vice-Chancellor
to decide the schedule of admission for the academic year 1997-98. With
reference to these minutes it was pointed out that when earlier for ·.he
academic year 1996-97 such contingency had arisen and the Vice-Chan ·el- E
lor exercised his powers the same were approved by the Admission Cum-
mittee. But these submissions relating to Sub-section (4) of Section 11 and
powers of the Admission· Committee of the University were not made
before the High Court to justify the action of Vice-Chancellor in issuing
the two notifications and the High Court had no opportunity to consider F
ti{e same. We cannot permit the University to come up with a new case
before us which was not pleaded before the High Court. If outside Sub-
section (5) of Section 11 of the Act Vice-Chancellor has powers to take
action, which has been impugned before the High Court, we are not called
upon to decide the same.
G
In the circumstances we do not find any error in the impugned
judgment where the High Court held that the Vice-Chancellor could not
have in the established facts of the case exercised power under Section
11(5) of the Act by issuing Notifications dated August 22, 1997 and
September 9, 1997. As regards the objection of the University that there H
658 SUPREME COURT REPORTS (1998] SUPP. 1 S.C.R.
A could be more meritorious students than Jyoti Sharma we will only say that
no one has come forward to stake his claim for admission and since one
academic year has already been over it loses its relevance. If the action of
the Vice-Chancellor is valid, University is certainly right in its submission
that students more meritorious than Jyoti Sharma should first have been
B offered the seat. Since three seats in the M.Sc. (Zoology) for the academic
year 1997-98 were vacant at the time when these matters came up before
us and' all the three students Mukesh, Sunaina and Jyoti Sharma have been
accommodated we will set aside the order of the High Court cancelling
admission of Mukesh and Sunaina. All the three students can continue
their studies in M.Sc. (Zoology) in the University. A happy ending at that
C for them.'
Both the appeals are disposed of in these terms. There shall be no
order .as to costs.
R.P. Appeals disposed of.
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