Heard learned counsel for the petitioner and learned counsel for the University.
A counter affidavit has been filed as per the directions of this Court. A rejoinder affidavit to the same has also been filed.
The petitioner has come up for quashing of the order dated 10th August, 2010 whereby his admission in M.Sc. (Museology) has been cancelled. The counter affidavit discloses the reason for such cancellation namely that the petitioner sought admission in the aforesaid course without disclosing the correct fact that he was already pursuing the course of Master of Agricultural Economics & Business Management (in short 'MAEBM').
After exchange of affidavits, it is evident that when the petitioner appeared for the entrance examination of M.Sc. (Museology), he was already enrolled by the University as a student of MAEBM course.
Learned counsel for the petitioner contends that before the finalisation of admission in M.Sc. (Museology) he had already sought for the cancellation of his candidature in the MAEBM course. The petitioner's candidature from the MAEBM was cancelled on 2nd August, 2010. It is, therefore, evident that the cancellation was sought after the admission was attempted by the petitioner in M.Sc. ((Museology) without disclosing the aforesaid fact of his already being a student of MAEBM course.
In view of the aforesaid admitted position, the admission of the petitioner in M.Sc. (Museology) was clearly prohibited under the ordinance framed by the University.
Learned counsel for the petitioner then contends that the entire career of the petitioner stands jeopardised, inasmuch as, his admission in MAEBM course has already been cancelled on 10th August, 2010 and he also stands deprived of his admission in M.Sc. (Museology).
Learned counsel for the University submits that in case the petitioner chooses to pursue his earlier course MAEBM, the University would not create any impediment in the same.
In view of the aforesaid facts that have emerged and in view of the peculiar circumstances of the case, the order dated 2nd August, 2010 whereby the University has accepted the request of the petitioner for cancellation of his admission in MAEBM course is set aside.The petitioner shall be permitted to pursue his MAEBM course in the same status as was existing prior to the passing of the order dated 2nd August, 2010. The said continuance in the course shall be subject to the Rules of the University and the University shall pass an appropriate order with an approach to restore the educational career of the petitioner in this regard upon a production of a certified copy of this order within a period of 15 days.
With the aforesaid directions, the writ petition is disposed of.
Order Date :- 15.9.2010 Akv