Ajay Vyas vs University of Rajasthan and Others

Ajay Rastogi, J.—Matter has come up on application of petitioner seeking declaration of result of examination of B.C.A., in which he appeared under interim orders of this Court. Vide order dt. 01/12/2008, this Court observed to finally dispose of the matter; hence at joint request, matter has been finally heard at admission stage. Petitioner qualified Senior Secondary School examination, 2006 from Central Board of Secondary Education ("CBSE") as is evident from mark sheet dt. 23/05/2006; and on the basis thereof, applied for joining Under-graduate Course viz. Bachelor of Computer Application ("BCA") in an Institution duly recognised by respondent University. As per prospectus for academic session 2006-07 published by respondent University, only condition of edibility for admission to the BCA was 10+2 or any other equivalent qualification; while at the same time, for other Under-graduate Courses like B.Sc./B.A./B.Com (Pass course/Honours) & B.Sc. (Home Sc.), eligibility for admission has been specifically mentioned as 48% or 50% marks, as the case may be, in qualifying examination of 10+2 course. But, to be more specific, there was no minimum percentage of marks fixed or referred to by respondent University in their published prospectus for admission in BCA course in academic session 2006 - extract whereof has been placed on record as Annexure 2.

Petitioner since held minimum academic qualification of Sr. Secondary School examination from CBSE as per mark sheet (Ann.1), claiming himself eligible as per condition under prospectus published for academic session of 2006-07, took admission and joined BCA course in Jasoda Devi College, Jaipur (respondent No. 3) which is recognised & approved institution of respondent-University; and deposited requisite fee vide Annexure 4. After undergoing his studies of BCA 1st year course, his examination form was also sent to respondent University. However, petitioner since was not issued admission card for BCA examination, 2007, he approached this Court.

Since the University failed to respond as to why petitioner was not considered/permitted to appear in examination having become due in 2007, this Court vide interim order dt. 08/05/07 permitted the petitioner to appear in BCA (Part- I) examination, 2007 scheduled to commence w.e.f. 09/05/07 - result whereof was referred to in order dt. 31/03/2008 whereby he was further permitted to appear in BCA (Part-II) examination, 2008 subject to final decision of the case.

However, result of BCA (Part-II) examination, 2008 was not declared and this Court considered it appropriate to finally dispose of the matter as is evident from order dt. 01/12/08.

Sole contention of petitioner is that as per condition of eligibility laid down in prospectus published for admission in academic year 2006-07, no minimum percentage of marks was fixed for admission in Under-Graduate course of BCA; in such circumstances, he was rightly admitted by respondent-College and without assigning reasons, respondent-University had not permitted him to appear in BCA examination, 2007; such action of respondent University was violative of Article 14 of the Constitution.

Alongwith reply, respondent-University filed communications dt. 04/05/07 & dt. 06/06/07 (Ann.R/1 & R/2) to show that for academic session 2006-07, minimum 48% marks in 10+2 examination was required for admission to BCA course.

Counsel for University submits that since petitioner failed to qualify 10+2 examination with minimum 48% marks as required for admission to BCA course; as such was not permitted to appear in BCA examination, 2007 because admission by respondent College, itself was against condition of eligibility for admission laid down by University.

As regards respondent-College wherein petitioner took admission in BCA course, no reply on its behalf has been filed.

I have considered contentions of Counsel for parties and with their assistance examined material on record. A bare look at prospectus published by University for academic year 2006- 07, which is relevant for controversy raised herein, clearly depicts that it does not lay down any minimum percentage of marks being required in 10+2 examination for getting admission to BCA course; while at the same time, for other Undergraduate courses like B.Sc./B.Com./B.A.(supra), minimum eligibility is prescribed of having secured minimum 48 or 50% marks as the case may be, in 10-2 examination, as is evident from extract of prospectus page 16 (Ann.2).

Be that as it may, if there was no minimum percentage of marks disclosed by the University in its own published prospectus of academic year 2006-07, according to which only requirement was that one should hold minimum qualification of 10+2 examination, which petitioner indisputably was possessing while applying for admission to BCA course in academic year 2006-07; and sought admission in respondent- College duly recognised by University, in the opinion of this Court, there cannot be said to be an error committed by respondent-College or there was any concealment on his part while taking admission to Under-Graduate course of BCA in academic session 2006-07.

As regards communications referred to in notifications (Ann.R/1 & 2) filed alongwith reply by Counsel for University, suffice it to say that both the communications were issued in the month of May & June, 2007 laying down eligibility condition for admission to BCA course and even in latter notifications (Ann.R/2) for academic year 2007-08, it has been referred that eligibility as adopted in academic year 2006-07 may be allowed to continue but nothing has been placed on record which may show or can be inferred by this Court that for academic year 2006-07 during which petitioner took admission, there was any minimum eligibility fixed/prescribed for admission to BCA course contrarily as per prospectus, requirement was that one should hold qualification of 10+2 examination from a recognised Board. Indisputably petitioner did Senior Secondary School examination 2006 from CBSE and could not be considered to be in-eligible for admission in Under-Graduate course of BCA in session 2006-07.

As informed, pendente instant petition, respondents have not permitted petitioner to prosecute further studies by filling up form to appear in examination of Part-III of BCA course, thereby last date of submission of form has expired for examination scheduled to commence in June, 2009.

Consequently, writ petition succeeds and is hereby allowed. Respondent University is directed to consider petitioner as eligible for admission to Under-Graduate BCA Course and on the basis whereof, result of petitioner''s appearance in Part-I & Part-II of BCA examination, 2007 & 2008 under interim orders of this Court be declared within two weeks from the receipt of certified copy of this order; and accordingly respondent university is further directed to accept his examination form and allow him to appear in ensuing examination of Part-III BCA based on his result of Part-I & Part-II BCA examination (supra) in which he appeared under interim orders of this Court in accordance with law. No order as to costs.