HC sets aside cancellation of interview process

PRAYAGRAJ: The Allahabad high court has set aside a Allahabad University committee’s decision to cancel the interview process for admission to the PhD course.

The five-member university committee had taken the decision on January 31, 2020.

Disposing of the writ petition filed by one Amit Kumar and 34 others, justice Ashwani Kumar Mishra directed that the Allahabad University (AU) authorities shall proceed in accordance with law.

“In the event, the authorities find any compelling reason for cancelling the process the least that is expected of them is to indicate the reasons in the order and to afford an opportunity of hearing to the concerned parties. Leaving it open for the university authorities to proceed afresh in accordance with law,” the court directed. The writ petition challenged the Allahabad University committee’s decision on the ground that no reasons have been assigned for the cancellation.

The petitioners contended that the university had no jurisdiction to pass such an order, which was otherwise alleged to be arbitrary.

While setting aside the order, the court observed, “The minutes placed on record contains absolutely no reasons as to why the process of interview is being cancelled. Certain arguments in support of the decision is sought to be placed before the court by the AU’s counsel but the court finds that no such material is reflected in the deliberation contained in the minutes of the meeting. It is otherwise not shown that this meeting has been held with reference to any specific provision contained in the statute of the university.”

“It is sought to be urged on behalf of the AU that the decision taken is referable to the supervisory powers of the vice chancellor. This plea also cannot be accepted inasmuch as the decision is not by the vice chancellor but is by a committee which contains no reasons. In such circumstances, the decision taken by the university on January 31, 2020 to cancel the interview already held for admission to PhD course is not found to be sustainable particularly as no reasons are contained therein,” the court said.