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CIVIL APPELLATE JURISDICTION: Civil Appeal No. 183 of 1989.

From the Judgment and Order dated 4.5.88 of the Rajas- than High Court in Writ Petition No. 521 of 1988. Sushil Kr. Jain for the Appellant.

C.M. Lodha and R.B. Mehrotra for the Respondents. The Judgment of the Court was delivered by DUTT, J. Special leave is granted. Heard learned Counsel for both parties.

This appeal is directed against the judgment of the Rajasthan High Court whereby the High Court dismissed the writ petition of the appellant challenging the order of the Dean of the Faculty of Engineering of the Jodhpur Universi- ty, putting in abeyance the admission of the appellant in the B .E. Degree Course till further orders. The appellant is a diploma-holder and is serving in the 1 N.M. Engineering College (Faculty of Engineering), Jodhpur since 1976 as an Administrator/Instructor. In may, 1987, the appellant submitted an application to the Study Leave Com- mittee of the University of Jodhpur for study leave for three years enabling the appellant to prosecute his studies in the B.E. Degree Course. On August 3, 1987, the Study Leave Committee recommended the case of the appellant for the grant of study leave and on August 14, 1987 the Syndi- cate of the University accepted the said recommendation and granted study leave to the appellant for a period of three years with full pay. Pursuant to the leave granted to the appellant, he made an application on November 14, 1987 for admission in the B .E. Degree Course.

At this stage, it will be pertinent to refer to a reso- lution dated September 21, 1970 passed by the Faculty of Engineering recommending that the teachers of the University should be granted leave so as to enable them to join the B.E. Degree Course as a regular candidate on a full time basis. The said resolution was accepted by the Academic Council of the University on March 25, 1970 and the Syndi- cate in its turn approved the resolution of the Academic Council.

According to the appellant, the above resolution of the Syndicate was acted upon and, as a matter of fact, certain teachers of the University were admitted to B.E. Degree Course. In his application dated November 14, 1987, the appellant specifically mentioned the names of seven teacher candidates who had been admitted to the various Departments of the Engineering College in pursu- ance of the above resolution of the Syndicate and the policy of the University. The case of the appellant is that it is the practice of the University to give admissions to teach- ers by creating extra seats in addition to general seats. The appellant made the application for admission after he had been communicated with the resolution of the Syndi- cate granting leave on the recommendation of the Study Leave Committee. Admittedly, the application was made on November 14, 1987 after the last date for admission in the general seats had expired. Accordingly to the appellant, he was communicated with the decision of the Syndicate granting study leave to him on October 29, 1987 and soon thereafter he made the application for admission. It is the case of the appellant that in view of the practice of the University, as the teachers who are granted study leave are admitted by the creation of extra seats, the question of making applications after the last date for admission in the general seats is irrelevant.