Shivam Thakur vs State Of Himachal Pradesh And ...
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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

CWP No.4935 of 2020 Reserved on: 6th January, 2021 Decided on: 8th January, 2021

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    Shivam Thakur                                                    .....Petitioner
                                              Versus





    State of Himachal Pradesh and another                         .....Respondents

------------------------------------------------------------------------------------- Coram

The Hon'ble Mr. Justice Tarlok Singh Chauhan, Judge

For the Petitioner:

r to The Hon'ble Ms. Justice Jyotsna Rewal Dua, Judge

Whether approved for reporting? 1 Yes

Mr. Neeraj Gupta, Senior Advocate

with Mr. Ajeet Jaswal, Advocate.

For the Respondents: Mr. Ashok Sharma, Advocate General with Mr. Vinod Thakur, Mr. Vikas

Rathore & Mr. Shiv Pal Manhans, Additional Advocates General and Ms. Seema Sharma, Mr. Bhupinder Thakur & Mr. Yudhvir Singh Thakur,

Deputy Advocates General, for respondent No.1-State.

Mr. Ashok Sharma, Senior Advocate with Mr. Neel Kamal Sharma, Advocate for respondent No.2.

---------------------------------------------------------------------------------- Jyotsna Rewal Dua, Judge

Decision of respondent-University to admit

students in various entrance tests based campus courses

1 Whether the reporters of Local Papers may be allowed to see the judgment?

only on their merit in the qualifying examinations, without

holding the entrance tests, has been assailed in this writ

petition filed by a student.

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2. Facts:-

2(i). COVID-19 pandemic had started spreading its

tentacles in India, when the respondent-University on

01.05.2020 invited online applications for admission to

following courses based on entrance tests for academic year

2020-21:-

r to "Admission Notice 2020-2021 (For Entrance Test Based Courses) Online Applications are invited from eligible candidates for

admission to the following courses against Subsidized/non-Subsidized seats for the Academic year 2020-21 I Master of Sciences (M.Sc.) Botany, Zoology, Physics, Chemistry, Geography, Environment Science, M.Sc./M.A. Mathematics, M.A. (English, Physical Education, JMC, Social Work, Hindi,

Translation, Sanskrit, Performing Arts, Economics, Sociology, Pub. Admn/Political Sc./Psychology/History/Visual Arts (Painting)/Yoga Studies/Rural Development)/M.Com. (MBA (RD), MFA (Pahari Miniature Painting), M.A. B.E., Bachelor of

Law (LL.B), Master of Education (M.Ed.), M.P).Ed. II Master of Tourism and Travel Management (MTTM) and Five year's Integrated Course in tourism and Travel Management

(FYICTTM) and Bachelor of Hotel Management (HHM). III MCA & M.Tech. (CS)"

2(ii). On 29.05.2020, the University came up with

another admission notice extending the last date for filling

up forms for admissions to entrance test based courses for

academic session 2020-21 upto 15.06.2020. Petitioner

applied for admission to an entrance test based course, i.e.

Master of Business Administration (Rural Development)

and deposited the requisite fee.

2(iii). Various examinations viz. B.A./B.Sc/B.Com etc.

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at graduation level could not be conducted timely by the

respondent-University due to COVID-19 pandemic.

Conscious of this situation, instructions/circulars were

issued by the respondent-University for conduct of these

examinations by adhering to the Guidelines and Standard

Operating Procedure issued by the Ministry of Human

Resource Development, Department of Higher Education.

University Grants Commission ('UGC' in short)

had also issued guidelines from time to time on academic

calendar for the first year of Undergraduate and

Postgraduate students of the universities for session

2020-21 in view of COVID-19 pandemic. The guidelines in

question (Annexure P-4) issued by the UGC were the result

of deliberation of an emergent meeting of UGC held on

21.09.2020, which considered the report of expert

committee and based on the report approved "UGC

Guidelines on Academic Calendar for the First Year of Under-

Graduate and Post-Graduate Students of the Universities for

the Session 2020-21 in view of COVID-19 Pandemic". The

relevant extract from these guidelines is as under:-

"Guidelines In continuation of the UGC Guidelines dated 29.04.2020

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(including in partial modification thereof) and 06.07.2020, the

following guidelines have been framed on academic calendar for the first year under graduate and post graduate students in the Universities and colleges:-

1. The institutions where admissions are solely through entrance

tests and have completed the necessary requirements or are likely to complete these requirements in near future, may start their academic session of 1st year at the earliest. If necessity arises, provisional admissions may also be made. The relevant documents of qualifying examination be accepted up

to 31.12.2020.

2. Merit/entrance based admissions to the first year programmes for the session 2020-21 be completed by the end of October, 2020. The last date for admissions to fill up the remaining vacant seats shall be 30.11.2020.

3. The academic calendar for the first year students' proposed in the Guidelines dated 29.04.2020 stands amended. Hence, the

academic Session 2020-21 may commence from 01.11.2020 for the first year students. Accordingly, the following calendar is suggested for the academic session 2020-2021:

Admission Process (To be completed) 31.10.2020

Commencement of Classes of above 01.11.2020* students Fresh batch (First Semester/ Year) Preparatory Break 01.03.2021 to 07.03.2021 Conduct of Examinations 08.03.2021 to

26.03.2021 Semester Break 27.03.2021 to 04.04.2021

Commencement of Classes for Even 5.04.2021 Semester Preparatory Break 01.08.2021 to 08.08.2021

Conduct of Examinations 09.08.2021 to 21.08.2021 Semester Break 22.08.2021 to 29.08.2021 Commencement of Next Academic Session 30.08.2021 for this batch

* If there is a delay in declaration of result of the qualifying examinations, the universities may plan and start the academic session by 18.11.2020. The teaching learning process may continue in offline/online/blended mode.

4. All the universities may follow a 6-day week pattern for the academic session 2020-21 and 2021-2022 to compensate the loss for this batch of students.

5. In order to avoid financial hardship being faced by the parents due to lockdown and related factors, full refund of fees be made on account of all cancellation of admissions/migration of

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students, up to 30.11.2020, for this very session as a special

case. To be crystal clear, the entire fees including all charges be refunded in totality (Zero Cancellation charges) on account of cancellation/migration up to 30.11.2020. Thereafter, on cancellation/withdrawal of admissions up to 31.12.2020, the

entire fee collected from a student be refunded in full after deduction of not more than Rs.1000/- as processing fee.

6. The universities are requested to compensate the delay in the start of academic session in the subsequent years by curtailing the breaks/vacations so that this batch of students would get their final results for award of degree timely.

7. The Guidelines as issued on 29.04.2020 and 06.07.2020 highlighting the modes of teaching, conduct of examinations, importance of physical & social distancing etc. shall remain unchanged and shall remain mandatory in that respect.

8. In view of the present scenario and future uncertainties:

i. The universities may adopt and implement these

Guidelines in a transparent manner by making alterations/additions/modifications/ amendments to deal with particular situation(s) in the best interest of students, educational institution and the entire education system, except in respect of those guidelines that are mandatory. ii. If the university faces difficulty in making admissions as

per the existing policy, it may adopt alternative modes of admission process, if otherwise legally tenable. iii. In case of educational institutions located at places where the Government (Centre/State) have imposed restrictions

on gathering of public, the institutions may plan accordingly. In any case, the above recommendations shall

not cause any restrictions on the guidelines/directions issued by the appropriate Government/competent authority.

Notwithstanding the above Guidelines, every university/college has to ensure that it is prepared in all respects to carry out the academic activities following necessary advisories/guidelines/directions issued by the Central/State Government, MHRD or UGC from time to time to prevent the spread of COVID-19."

2(iv). On 25.09.2020, the respondent-University

notified the schedule for holding entrance test for

admission to B.Ed. course for session 2020-21. The test

was scheduled to be held on 27.10.2020. For its other

entrance test based campus courses, instead of holding

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entrance examination for academic session 2020-21, the

University came up with a notice dated 13.10.2020,

directing the eligible students to online enter their marks of

UG classes by 20.10.2020. Based upon these marks, merit

list was to be drawn on 22.10.2020. Timeline for uploading

documents for this purpose was extended upto 27.10.2020.

On 28.10.2020, students were granted time till 02.11.2020

to upload documents on admission portal of the University.

Those who were unable to submit online, were permitted to

file hard copies in the concerned departments upto

02.11.2020. On 21.10.2020, another notice followed

notifying time schedule for conduct of entrance

examinations for LLB and HPU-MAT. Entrance tests for

both these courses were to be conducted on 28.10.2020.

The notice stated that 'admission to all other subjects/

courses will be on merit basis, as already notified'.

Entrance tests for admission to three courses, i.e. LLB,

B.Ed and HPU-MAT have since been conducted.

2(v). Aggrieved against the decision of respondent-

University in granting admissions to various entrance

based campus courses only on merit basis without

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conducting entrance examinations, the petitioner has

approached this Court with the following substantive

prayers:-

"(a) Quashing and setting aside Annexure P-6, Annexure P-8 and Annexure P-9 which are highly illegal, arbitrary, unconstitutional and without jurisdiction.

(b) Directing the respondent University to notify and conduct the Entrance Tests for grant of admission to remaining courses of 2020-2021 as notified vide Annexure P-1.

(c) Restraining respondent University from preparing a merit list pursuant to impugned notices and also from displaying the

merit list and further from conducting online counselling and from granting admissions to various courses notified under

Annexure P-1 without conducting the Entrance Examination for admission."

3. Contentions:-

We have heard Mr. Neeraj Gupta, learned Senior

Counsel assisted by Mr. Ajeet Jaswal, learned counsel for

the petitioner and Mr. Ashok Sharma, learned Senior

Counsel assisted by Mr. Neel Kamal Sharma, learned

counsel for respondent No.2-University.

Learned Senior Counsel for the petitioner made

submissions for quashing the entire admission process

initiated and now completed by the respondent-University

for admissions to its entrance test based courses on the

ground that the same was in violation of UGC Guidelines.

Instead of admitting students on the strength of entrance

tests in various entrance tests based courses, the

University had admitted students only on the basis of their

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merit in the qualifying examinations. There was no

justifiable reason for the University for not holding the

entrance tests. The admissions so made by the University

have jeopardized the legitimate rights of students.

The explanation offered by the University in not

holding entrance test for admission to various entrance test

based Postgraduate courses for academic session 2020-21

is:-

3(a). Taking note of COVID-19 pandemic, the UGC

had constituted an expert committee in April, 2020 to

safeguard the interest of academic fraternity in general and

students in particular. Based on the reports of expert

committee, the UGC had issued guidelines from time to

time in this regard. Adhering to these guidelines, the

respondent-University changed the schedule for admission,

examinations as also the commencement of classes. The

respondent-University has followed the guidelines issued by

UGC and did not take any decision on its own. It is actually

in terms of the UGC guidelines that the entrance tests for

admission to LLB, B.Ed and HPU-MAT were conducted,

whereas the entrance tests for remaining courses were not

conducted to avoid mass gathering in any institution. This

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was for safeguarding the interests of students, faculties as

well as employees. By admitting students to various

postgraduate courses only on the basis of merit in the

qualifying examination and without conducting entrance

tests, the University has acted within the four corners of

rules, regulations and guidelines.

3(b). The respondent-University had been following

guidelines of UGC issued from time to time. A Committee in

this regard was constituted, which met several times. On

30.09.2020, third meeting of this committee was convened

to examine and consider the UGC guidelines on

examinations and academic calendar. The Committee took

note of September, 2020 guidelines of UGC and decided as

under:-

"i) The members of the committee after a detailed deliberation

decided that in the peculiar condition due to 'COVID-19' as well as the new guidelines of the U.G.C. (to complete admissions before 30th October, 2020), the admissions in all the Post Graduate Courses for the Academic Session 2020- 2021 are to be made on merit basis of qualifying examinations. In case of M.B.A. and M.T.A., the conducting of Group Discussion and Personal Interview as a part of admission, is not possible due to 'COVID-19' pandemic situation. Therefore, the admission in M.B.A. and M.T.A. will be based on the merit through Application Rating only, as given in the Prospectus. The Admission process of the courses

shall be completed upto 30.10.2020 so that the classes could be started with effect from 2nd November 2020.

In addition to above, the members of the committee also decided that the admissions in all the courses of M.Phil, LL.M. and M.Tech. shall also be made on merit basis of the qualifying examinations.

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ii) The committee also decided that the admission to B.Ed.

Course in the Department of Education, H.P. University and the B.Ed Government/Private Colleges for the Academic Session 2020-2021, will be made on the basis of merit of

Entrance Test, to be conducted by the H.P. University on 27-10-2020, as notified.

The meeting ended with a vote of thanks to the Chair."

The committee met again on 21.10.2020 and

decided as under:-

"i) The matter came to the notice of the committee that Postgraduate examination for various courses has commenced from 15.09.2020 and it is still going on. Further

in order to adhere the University Grants Commission

guidelines to compensate the academic loss of the students, the academic session 2020-21 should commence from 01.11.2020. Keeping in view the present prevailing conditions due to COVID-19 pandemic it is not feasible to conduct all the entrance tests for admission to P.G. courses.

ii) HPU-MAT entrance test is to be conducted in nine examination centres and in the larger interest of the candidates it is decided to conduct the entrance test so that the candidates need not to travel much. Further the

committee after a detailed deliberation decided to conduct HPU-MAT entrance test for the session 2020-21 only in the examination centres located within Himachal Pradesh and

examination centre which was created at Chandigarh for HPU-MAT should be shifted to Nalagarh, Himachal Pradesh. The committee is of opinion that the L.L.B. entrance test should also be conducted on the same day when HPU-MAT

entrance is to be conducted. Only these two entrance test may be conducted to meet out the University Grants Commission guidelines.

The meeting ended with a vote of thanks to the Chair."

Keeping in view the entire situation due to

COVID-19 pandemic, the committee after deliberations

concluded that it would not be proper to hold entrance

examinations for admission to all entrance based courses.

Therefore, decision was taken only to conduct entrance

examination of LLB, HPU-MAT and B.Ed. For admission to

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other entrance test based courses, merit of qualifying

examination was made the criteria.

3(c). During arguments, strenuous efforts were made

on behalf of the University that it was not feasible to hold

entrance examination within the timeline stipulated in

September,

impossible

for r the UGC

to guidelines.

University to

examinations for admission to all entrance test based It

conduct was virtually

entrance

courses within this timeline.

3(d). Another argument was advanced that holding of

entrance examination was not made mandatory by UGC in

its September, 2020 guidelines (Annexure P-4). Our

attention in this regard was invited to following Ordinance

No.3.2(a) as contained in Handbook, Vol.-I (The First

Ordinances of Himachal Pradesh University):-

"3.2(a) The basis of admission in all courses of study except M.B.B.S.

Course shall be merit to be determined by a competitive examination, or on the basis of the qualifying examination in accordance with the rules framed by the Executive Council in this behalf......................................"

It was urged on behalf of the respondent-

University that the Executive Council of the University had

not decided to hold entrance examinations for Post

Graduate/Campus based courses in the respondent-

University for academic session 2020-21. Therefore, it was

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not mandatory for the respondent-University to conduct the

entrance examinations for campus based courses for

academic session 2020-21.

4. Observations:-

4(i). Having taken note of the contentions of

respective parties, first and foremost we may discuss the

nature of guidelines issued by the UGC from time to time to

meet the situation arisen due to COVID-19 pandemic. It is

no more res integra that the instructions issued by UGC are

binding in nature on the Universities. Reference in this

regard can be safely made to 2020(10) SCALE 423, titled

Praneeth K. and Ors. VS University Grants Commission

(UGC) and Ors., where the revised guidelines issued by

UGC catering to COVID-19 pandemic were under challenge.

Following issues were framed in para 44 by the Hon'ble

Apex Court:-

"44. ............................................................................... (1) Whether the revised guidelines dated 06.07.2020 requiring the Universities to complete terminal semester/final year examination by 30.09.2020 is beyond the domain of the UGC and does not relate to "coordination and determination of standards in institution of higher education"?

(2) Whether the revised guidelines dated 06.07.2020 issued by the UGC are non-statutory, advisory only and contrary to earlier guidelines dated 29.04.2020?

(3) Whether the UGC guidelines dated 06.07.2020 are violative of Article 14 of the Constitution of India? (4) Whether the UGC guidelines dated 06.07.2020 are violative

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of Article 21 of the Constitution of India and the guidelines

have been issued disregarding the pandemic COVID19? (5) Whether the guidelines of the UGC dated 06.07.2020 are liable to be set aside on the ground of noncompliance of Section 12 of UGC Act, 1956?

(6) Whether the State and State's Disaster Management Authority in exercise of jurisdiction under Disaster Management Act, 2005 can take a decision not to hold examination by 30.09.2020 disregarding the direction in the UGC guidelines dated 06.07.2020?

(7) Whether the State or State Disaster Management Authority, in

exercise of jurisdiction under Act, 2005, can take a decision to award degrees to final year/final semester students by promoting them on the basis of criteria of assessment formulated by the State/Universities on the result of previous semesters/exams and internal assessment of final year/

terminal semester in disregard to the guidelines dated

06.07.2020 which require holding of examination of final year/terminal semester by 30.09.2020?"

In para 58, the Hon'ble Supreme Court noted

the contention that UGC has no legislative competence with

regard to conduct of examinations. Revised guidelines were

issued under the University Grants Commission Act

referable to Entry 66 of List-I of 7th Schedule of the

Constitution. Reliance in support of the contention was

placed upon Modern Dental College and Research

Centre and Ors. Vs. State of Madhya Pradesh and Ors.,

(2016) 7 SCC 353. Para 58 of the judgment reads as

under:-

"58. The sheet anchor of the argument as stressed by Shri Arvind P. Datar is the Constitution Bench judgment of this Court in Modern Dental College and Research Centre and Ors. Vs. State of Madhya Pradesh and Ors., (2016) 7 SCC 353. Learned senior counsel has relied on observation of this Court in paragraph 101. Relevant observation made in paragraph

.

101 is as follows:-

"101. To our mind, Entry 66 in List I is a specific Entry having a very specific and limited scope. It deals with co ordination and determination of standards in institution of higher education or research as well as scientific and

technical institutions. The words "co ordination and determination of standards" would mean laying down the said standards. Thus, when it comes to prescribing the standards for such institutions of higher learning, exclusive domain is given to the Union. However, that would not include conducting of examination, etc. and

admission of students to such institutions or prescribing the fee in these institutions of higher education, etc........"

Answering the contention, the Hon'ble Apex

Court held in para 62 that the guidelines dated 06.07.2020

issued by the UGC were not beyond its domain and they

relate to co-ordination and determination of standards in

institutions of higher education:-

"62. The Constitution Bench in paragraph 101 has used the

expression "not include conducting of examination etc." In the present case, there is no claim on behalf of the UGC that it is the UGC which shall conduct the examination of the graduate

and postgraduate students. The examinations are to be conducted by the respective Universities only. The above observations made by Constitution Bench in paragraph 101 as relied by learned senior counsel for petitioner, cannot be

treated to be laying down any preposition that University Grants Commission has no competence to lay down any standards with regard to examination. We, thus, are of the considered opinion that the Guidelines dated 06.07.2020 are not beyond the domain of the UGC and they relate to co- ordination and determination of standards in institutions of higher education."

While deciding issue No.2, it was held in para 67

that it is the statutory duty of the Universities to adopt the

guidelines issued by UGC. UGC guidelines cannot be

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ignored by terming it as non-statutory or advisory. Para 67

reads as under:-

"67. The statutory Regulation, 2003 thus, categorically requires Universities to adopt the Guidelines issued by the UGC, hence, it is the statutory duty of the Universities to adopt the guidelines issued by the UGC. It is the statutory obligation of the Universities to adopt the Guidelines and the Guidelines

cannot be ignored by terming it as non-statutory or advisory."

The final conclusion was drawn in para 110 of

the judgment, which is as under:-

(1) The Revised Guidelines dated 06.07.2020 issued by the UGC are not beyond the domain of the UGC and they relate to coordination and determination of standards in institutions of higher education.

(2) The Guidelines dated 06.07.2020 are in continuation to the earlier Guidelines dated 29.04.2020 and are not contrary to

the earlier Guidelines. We have to look into the substance of the Guidelines to find out the intention and object of the Guidelines. The Guidelines were issued with the object that a uniform academic calendar be followed by all the Universities

and final/terminal examinations be held. (3) The Guidelines dated 06.07.2020 has to be treated to have

been issued in exercise of the statutory powers vested in the Commission under Section 12. As per the Statutory Regulations, 2003, it is the statutory duty of the Universities to adopt the Guidelines issued by the UGC. The Guidelines dated

06.07.2020 cannot be ignored by terming it as non-statutory or advisory.

(4) The differentiation made in the Revised Guidelines to hold final or terminal semester examination and to give option for earlier years/intermediate semester for not holding the examination has a rational basis. The differentiation has nexus with the object to be achieved. We, thus, reject the challenge to the revised Guidelines on the ground that there is any discrimination between the students of final year/ terminal semester and those of intermediate and first year.

(5) The revised Guidelines also cannot be termed to violate Article 14 of the Constitution on the ground that one date, i.e., 30.09.2020 has been fixed irrespective of the conditions prevailing in individual States. The date for completion of examination was fixed throughout the country to maintain uniformity in the academic calendar.

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(6) The Revised Guidelines dated 06.07.2020 as well as

Standard Operating Procedures for conduct of examinations circulated vide letter dated 08.07.2020 of UGC as well as O.M. dated 06.07.2020 issued by MHRD clearly shows deep concern with the health of all stakeholders, i.e., students as

well as the exam functionaries. Challenge to the Guidelines on the ground of it being violative of Article 21 is repelled. (7) The expression "other bodies" used in opening part of the Section 12 of the UGC Act, 1956 is in reference to other bodies apart from Universities as enumerated under Section 12. The submission that other bodies as occurring in Section 12 should

include State Disaster Management Authority or health experts is misconceived. Section 12 never contemplated any such expression. The revised guidelines dated 06.07.2020 are not in breach of Section 12 of 1956 Act.

(8) The Disaster Management Act, 2005 empowers the State

Disaster Management Authority as well as the State

Government to take measures for prevention and mitigation of a disaster and the action taken by the authorities under the Disaster Management Act have been given overriding effect to achieve the purpose and object of the Act, 2005. Saving of human life has been given paramount importance under the Act, 2005. Primacy have been given to the actions

and measures taken under the Act, 2005 over anything inconsistent in any other law for the time being in force. (9) The direction of the University Grants Commission in Revised Guidelines dated 06.07.2020 insofar as it directs the

Universities and Colleges to complete the final year/terminal year examination by 30.09.2020 shall be overridden by any

contrary decision taken by the State Disaster Management Authority or the State Government exercising power under the Disaster Management Act, 2005.

(10) The State Governments or State Disaster Management

Authority in exercise of power under Disaster Management Act, 2005 has no jurisdiction to take a decision that the students of final year/terminal students should be promoted on the basis of earlier year assessment and internal assessment, which decision being contrary to UGC Guidelines dated 06.07.2020 has to give way to the UGC Guidelines. The UGC Guidelines dated 06.07.2020 specifically directed to conduct the final year/terminal semester examination which shall override such contrary decision of the State Government or SDMA."

It is not the case of respondent-University that

the guidelines issued by UGC are not binding upon it. In

fact, stand of the respondent-University is that UGC

.

Guidelines are binding and have been adhered by it.

Therefore, we need not delve on this issue any further.

4(ii). UGC in August 2020, requested the expert

committee constituted by it in April 2020, to revisit the

earlier issued guidelines dated 29.04.2020 and 06.07.2020.

    The      expert    committee


                                      deliberated        over

admissions and academic calendar for the first year of

Undergraduate and Postgraduate programmes for session the issue of

2020-21. It submitted its report, which was considered by

UGC in its emergent meeting held on 21.09.2020 and based

on the report of expert committee, approved the UGC

guidelines on academic calendar for the first year of

Undergraduate and Postgraduate Students of the

Universities for the Session 2020-21. September, 2020 UGC

guidelines were in continuation of previously issued

guidelines dated 29.04.2020 and 06.07.2020. September,

2020 UGC guidelines (already extracted above) provided

that institutions where admissions were solely to be made

through entrance tests and have completed the necessary

requirements or are likely to complete these requirements

in near future, may start their academic session of first

year at the earliest. In case of necessity, provisional

.

admissions were also permitted. The relevant documents of

qualifying examination could be accepted upto 31.12.2020.

The merit/entrance based admissions to the first year

programmes for session 2020-21 were to be completed by

31.10.2020. The last date for admissions to fill up the

remaining vacant seats was 30.11.2020. A calendar was

also suggested by the UGC for academic session 2020-21,

wherein the admission process was to be completed by

31.10.2020 and the first semester/ year/batch was to

commence on 01.11.2020. In case of delay in declaration of

result of qualifying examinations, the Universities could

plan and start the academic session by 18.11.2020. The

earlier issued guidelines on 29.04.2020 and 06.07.2020

highlighting the modes of teaching, conduct of

examinations etc. were to remain unchanged and were to

be treated as mandatory in that respect.

4(iii). September, 2020 UGC nowhere permitted or

directed the respondent-University to do away with

entrance examinations for its entrance based campus

courses. During arguments, it was contended on behalf of

the University that following clauses of September 2020

UGC guidelines gave discretion to the University to make

.

admissions to campus courses either on the basis of

entrance examinations or on the basis of merit:-

"1. Merit/entrance based admissions to the first year programmes for the session 2020-21 be completed by the end of October, 2020. The last date for admissions to fill up the remaining vacant seats shall be 30.11.2020.

8. In view of the present scenario and future uncertainties:

(i) The universities may adopt and implement these Guidelines in a transparent manner by making alterations/additions/modifications/ amendments to deal with particular situation(s) in the best interest of students, educational institution and the entire education system, except in respect of those guidelines r that are mandatory."

A reading of the above clauses alongwith holistic

reading of September 2020 UGC instructions in totality,

makes it evident that the contention of the University is

fallacious. Self-serving interpretation by the University in

support of its untenable defence cannot advance its case.

UGC guidelines were that admission to various campus

courses irrespective of their mode of admissions, i.e. be it

on merit basis or on entrance test based, were to be

completed by 31.10.2020 for academic session 2020-21. It

did not give any leverage to the University to do away with

the entrance test based admissions to first year

programmes wherever such entrance examinations were

the basis for admissions.

4(iv). It is next urged on behalf of the University that

.

after issuance of September 2020 UGC guidelines, it was

left with very short window before the commencement of

academic session 2020-21. Therefore, the expert committee

constituted by the University on 04.05.2020, decided on

30.09.2020/21.10.2020 that but for the courses of LLB,

for admission

postgraduate campus courses.

HPU-MAT and B.Ed, it will not be possible to hold entrance

tests other entrance tests based

The constraint of time projected by the

University for not holding the entrance tests is a lame

excuse. It was in May, 2020, when admissions to various

entrance test based courses were notified to be made

through entrance tests. COVID-19 pandemic had already

started spreading by that time. It was for the University to

take adequate steps for timely conducting the entrance

tests. Lockdowns imposed due to COVID-19 pandemic had

been eased in September/October, 2020. Stand of the

University that September 2020 UGC guidelines did not

provide reasonable time to conduct entrance tests is not

palatable. The notification for holding entrance test based

admissions stood already issued in May, 2020. Had sincere

efforts been made by the respondent-University, there was

.

no way that the entrance tests for admissions to various

Undergraduate/Postgraduate campus courses by the

respondent-University could not be conducted. One cannot

loose sight of the fact that the entrance test for LLB, B.Ed

and HPU-MAT were also conducted by the respondent-

University after the issuance of September 2020 UGC

guidelines. It defies the logic that the University could hold

entrance test for admission to LLB, B.Ed and HPU-MAT,

but it could not conduct the entrance examinations for

admissions to various other entrance test based campus

courses. Having already notified about conducting entrance

examinations for Undergraduate/Postgraduate campus

courses in May, 2020, it was incumbent upon the

University to put in more labour, strenuous efforts for

holding entrance tests for admission to entrance test based

courses. It was expected from the respondent-University to

undertake extraordinary efforts to complete all requisite

actions for holding entrance examinations within the

timeline set in September 2020 UGC guidelines. Desperate

situation, if felt by the respondent-University, required

desperate measures from it.

UGC guidelines in question came into existence

.

in September, 2020 (21.09.2020). The committee

constituted by the University on 04.05.2020 held its

meeting eight days' later on 30.09.2020 and immediately

decided therein that due to COVID-19 pandemic and as per

the new guidelines of UGC, directing the Universities to

complete admissions before 30.10.2020, the admissions in

all Postgraduate campus courses for academic session

2020-21 are to be made only on merit basis of qualifying

examinations. There was no such direction in September,

2020 UGC guidelines directing the Universities to make

admissions in Postgraduate courses only on merit basis of

qualifying examinations. As already observed, this was self-

serving interpretation by the University. It is also surprising

that within a week of issuance of September 2020 UGC

Guidelines, the officers at the helm of affairs in H.P.

University/Committee Members, on 30.09.2020 decided to

do away with holding entrance tests for admission to

entrance test based courses. The admissions were to be

completed by 31.10.2020. There was ample time to hold the

entrance tests. 21 days later, the committee held its

another meeting, i.e. on 21.10.2020, reiterating that

"keeping in view the present prevailing conditions due to

.

COVID-19 pandemic it is not possible to conduct all the

entrance tests for admission to P.G. courses." The

committee though decided that the LLB entrance test

should be conducted on the day when HPU-MAT entrance

test was also scheduled. How the committee decided on its

own to make admissions only on merit basis and to do

away with entrance tests without any application of mind is

not discernible from the record. To a query from the Court,

it was informed that at no point of time, the respondent-

University took UGC into confidence. No communication

was exchanged with UGC in this regard by the University.

Even assuming for argument sake that the University found

it difficult to conduct all the entrance tests for admission to

various entrance test based campus courses within the

stipulated timeline, then also it is shocking that its officials

at the helm of affairs did not think it proper to bring such

difficulties to the notice of UGC and to request for extension

of time for commencement of the academic calendar.

Though we have held earlier that present is a case where

without making any effort at all to conduct entrance tests

within the stipulated timeline for admission to entrance

tests based courses, the University decided to do away with

.

holding of entrance tests and went for making admissions

on the merit of qualifying examinations.

4(v). Another argument was put forth on behalf of the

respondent-University that its Executive Council had

decided in 1990s to make admissions on entrance based

examinations rfor

various Undergraduate/Postgraduate

campus courses and further that no such decision was

taken by the Executive Council for academic session

2020-21. Therefore, also it was not mandatory for the

respondent-University to admit students on the basis of

entrance test based examinations to various entrance test

based campus courses. We are afraid this argument has no

legs to stand upon. A general decision once taken by the

Executive Council of the respondent-University, in the facts

and circumstances of the case, will continue to govern the

subject till the time it is specifically rescinded. It is the

admitted case of the respondent-University that for every

academic session in past, it had been holding entrance

tests and admitting students on that basis to its UG/PG

courses. Even for the current academic session 2020-21,

the University had notified in May, 2020 about conduct of

entrance tests for admission to various Undergraduate/

.

Postgraduate courses. Conduct of entrance examination is

a mandatory requirement to be complied with by the

respondent-University. There was no direction of the UGC

for doing away with the holding of entrance tests for

admission to Undergraduate/Postgraduate campus

not have r been

courses. Such mandatory requirements even otherwise

could breached by the

University. All the UGC had observed in its September, respondent-

2020 guidelines was that irrespective of mode of admissions

to first year programme for session 2020-21, be it on merit

basis or on entrance test basis, the same was to be

completed by 31.10.2020. The officials at the helm of

affairs/the committee constituted by the University

misinterpreted the clear and unambiguous language of

September 2020 guidelines of the UGC.

4(vi). We can take judicial note of the fact that based

upon the past practice adopted by the University for years

together, based upon the entrance test examinations

conducted by the respondent-University every year for

admission to its various entrance tests based

Undergraduate/Postgraduate campus courses, the

students desiring to take admissions in such courses

.

always focus on meticulous preparation for appearing in

these entrance examinations. It is their legitimate

expectation that entrance tests for such courses will be

conducted by the University. By deciding to make

admissions only on the basis of their merit of qualifying

The action

examinations, the valuable rights of the students based on

legitimate expectations have also been infringed.

of the respondent-University is

otherwise arbitrary as on one hand, it had conducted the

entrance tests for admission to LLB, B.Ed and HPU-MAT,

whereas on the other, refused to conduct entrance tests for

other courses.

4(vii). The conclusions of the above discussion are

that:-

4(vii)(a). Respondent No.2-University had been making

admissions to various Undergraduate/Postgraduate

campus courses on the basis of results of entrance

examinations.

4(vii)(b). The decision of the Executive Council of the

respondent-University admittedly taken in 1990s to make

admissions in various Undergraduate/Postgraduate

.

campus courses on the basis of entrance examinations has

not been rescinded till date.

4(vii)(c). It was on 01.05.2020 that the respondent-

University had notified for conducting the entrance tests for

admission to its entrance test based courses for academic

session 2020-21.

4(vii)(d).

Guidelines issued by UGC dated 29.04.2020,

06.07.2020 and September, 2020 have binding force and

are applicable on the respondent-University.

4(vii)(e). September, 2020 guidelines of UGC had notified

the academic calendar for first year students for the session

2020-21, whereby the admission process, irrespective of the

fact whether it was based on merit or on entrance based

examinations, was to be completed by 31.10.2020. UGC did

not issue any guideline for not holding the entrance tests

for admission to entrance test based campus courses.

Mandatory guidelines were mandatorily required to be

followed.

4(vii)(f). Respondent No.2-University made no efforts at

all to hold entrance tests for admission to various entrance

tests based campus courses even though it had sufficient

.

window to do that within the provided timeline. The

difficulty, if any, in holding the entrance tests within the

timeline stipulated in September 2020 UGC Guidelines,

was never brought to the notice of UGC. No extension in

stipulated timeline was prayed for. The action of the

respondent-University to hold entrance examinations only

for admission to LLB, B.Ed and HPU-MAT and not holding

the same for other campus courses is arbitrary. It has

infringed the valuable rights of the students.

5. Having observed above, we have been informed

that on the basis of their merit in the qualifying

examinations, the students have already been admitted in

Undergraduate/Postgraduate campus courses and

academic session 2020-21 has already commenced. Even

though we have held the action of respondent No.2-

University in not making admission to its entrance tests

based campus courses on the basis of entrance

examination as an arbitrary and illegal act, yet, considering

the interest of students at large, who have already been

admitted and taking classes for past about two months now

in these courses are not even parties before us, we refrain

from quashing their admissions.

.

In the facts and circumstances of the case, we

direct the respondent-University to place the entire matter

before its Executive Council within a week from today.

Within three weeks thereafter, the Executive Council shall

take appropriate decision on all related aspects of the case,

eventualities etc.

be it for taking action against erring officials, with respect

to admission of students, guidelines for future to meet such

like

Based upon such decision,

consequent action shall be drawn by the University. We

also direct the respondent-University to bring the above

aspects to the notice of University Grants Commission

within one week.

With these observations, the writ petition stands

disposed of, so also the pending miscellaneous

application(s), if any.

                                             (Tarlok Singh Chauhan)
                                                      Judge


                                              (Jyotsna Rewal Dua)
    January 08, 2021                                Judge
           Mukesh