UNIVERSITY OF ALLAHABAD AND ORS. versus AMRIT CHAND TRIPATHI AND ORS.

Citation: [1986] 3 S.C.R. 687 · Decided: 02-09-1986 · Supreme Court of India · Bench: O. CHINNAPPA REDDY · Disposal: Appeal(s) allowed

Judgment (excerpt)

UNIVERSITY OF ALLAHABAD AND ORS. 
v. 
AMRIT CHAND TRIPATHI AND ORS. 
SEPTEMBER 2, 1986 
IO. CHINNAPPf. REDDY AND M.M. DUTT, JJ.] 
Uttar Pradesh State Universities Act, 1973, ss. I 3, 28, 52 & 67-
Admission to Degree Courses in Arts, Science & Commerce of 
Allahabad University-Resolution of Admissions Committee to hold 
Entrance Test for such admissio~-Validity of: 
The Uttar Pradesh State Universities Act was enacted in 197 3. 
Section 19 designates the authorities of the University among whom are 
the Executive Council, the Academic Council & the Admissions Com-
mittee. By s. 28(3) the Admissio~s Committee is reqnired to lay down 
the principles or norms governing the policy of admissions to various 
courses of studies in the University. Section 13(6) of the Act enables the 
Vice-Chancellor to take such action as he may deem tit if any matter is 
of an urgent nature requiring immediate action and the same cannot 
easily be dealt with by an officer or authority or other Body of the 
University empowered by or under the Act to deal with it. 
For some time after the enactment of the Uttar Pradesh State 
Universities Act most of the University Bodies were not constituted 
though an Administrative Committee had been appointed by the Gov-
A 
B 
c 
D 
E' 
ernment. As there was no Executive Council and since it was not possi-
F 
hie to call a meeting of the Administrative Committee, the Vice-
Chancellor in the year 1973 proceeded to act under s. 13(6) of the Act to 
constitute an Admissions Committee consisting of the Vice-Chancellor, 
all the Heads of the Departments, the Dean, students welfare, the Uni-
versity Proctor and the Registrar. 
The Admissions Committee at its meeting held on May 6, 1986 
resolved to introduce an Entrance Test for admission to the Degree 
· courses in Arts, Science and Commerce and adopted a detailed scheme 
for that purpose. Pursuant to the Resolution of the Admissions Com-
mittee, an entrance test was held and the results were tabulated but not 
G 
yet published. Meanwhile the respondents-students tiled a writ petition 
H 
6K7 
A 
B 
688 
SUPREME COURT REPORTS 
[1986] 3 S.C.R. 
In the High Court challenging the introduction of the Entrance Test l>n 
the ground that the aforesaid Resolution had no authority in law. The 
High Court upheld the contention of the respondents and quashed the 
Resolution. 
Allowing the appeal hy the appellant-University, 
HELD: 1.1 The resolution of the Admissions Committee dated 
May 6, 1986 Is not tainted hy any illegality. The resolution was that of 
the Admissions Committee, whether properly constituted or not, and 
not that of the Vice-Chancellor and there was, therefore, no question of' 
the Vice-Chancellor taking recourse to the provisions of s. 13(6) of the 
c 
Act. Therefore, the judgment of the High Court is set aside and the 
University Is directed to forthwith announce the names of the candi-
dates selected for admission to the various courses. However, it is open 
to the Academic Council to take such action as it may think fit in regard 
to the future years. [696F-G] 
D 
1.2 The very order constituting the Admissions Committee re-
cites that it had become necessary for the Vice-Chancellor to have re-
course to section 13(6) as there was no Executive Council in existence 
and as it was not possible to call the Administrative Committee. Those 
were good enough reasons for the action of the Vice-Chancellor and no 
one can be permitted to question the constitution of the Admissiilns 
E 
Committee at this stage after the Committee as constituted in 1973 had 
been functioning for over a dozen years. Since notice of the meeting was 
given to all the members and if some of them, for their own reasons. 
relrained from attending the meeting, their failure to attend the meeting 
cannot invalidate the deliberations ol the Committee. [693G-H; 6'i4A; •·1 
F 
2.1 Section 28(4) of the Act which enables the Admissions Com-
mittee to issue directions to constituent colleges, affiliated or associated 
colleges in the matter of criteria or methods of admission also indicates 
that the principles or norms governing the policy of admission to vari-
ons courses of studies in the University must necessarily include the 
criteria or methods of admission. The expr-ession "the principles or 
G 
normS governing the policy of admission to various courses of studies in 
the University" in s. 28(3) should not be interpreted in so narrow a 
fashion as to exciude the prescription of an 

Excerpt shown. Read the full judgment & AI analysis in Lexace.