Noni Chawla vs Guru Nanak Dev University, Amritsar

This order will dispose of Civil Writ Petition Nos. 10374 and 10448 of 1993 common questions of law and facts are involved in both the matters. The facts, however, have been extracted from C.W.P. No. 10374 of 1993, Noni Chawla v. Guru Nanak Dev University, Amritsar.

Petitioners claim writ in the nature of mandamus directing the respondent to grant them admisison in the course of Master of Computer Applications for the academic session beginning from August, 1993 the relief indicated above, rests on the facts as detailed in the petition which need to be noticed.

It is pleaded that Computer Science is comparatively a new science particularly in the under developed countries like India. The Government and Universities have been making great efforts to develop skills in Computer application in India so that this country may not lag behind in development. With a view to achieve this motive the respondent-University like many other Universities in India started a Course called "Master of Computer Application" (hereinafter referred to as ''MCA''). It is stated to be three years'' course where skills of Post graduate level in Compulerscience is imparted which is equivalent to something like M.Sc. in Science. There was no preparatory course at the under-graduate level at the time when the course in MCA initially started and that being so the graduates from various disciplines other than Computer Science who were intereted in doing thecourse of MCA, were made eligible for admission in the said course. With a view to provide feeder stream of graduates for the course of MCA and other higher courses in Computer Science, respon-dent.for the first time started a course known as ''Bachelor of Computer Appliction'' (hereinafter referred to as ''BCA'') in Khalsa College, Amritsar in the year 1990. Petitioner joined this Course in the year 1990 and, it is stated, toped the University by securing 1807 out of 2250 marks. During the three years'' course of BCA, Mahematics was taught only in the first year and in the second and third years Mathematics at + 2 level was the requirement for admission to BCA course. She had qualified in Mathematics at + 2 level. She was taught Mathematics in the first year of BCA course but the same was equivalent to 10 + 2 level. Insofar as B.Sc. (Maths) is concerned, it is stated that Mathematics was taught for the full duration of three years and the standard of education imparted in the subject i.e. Mathmatics was far higher than what is imparted in BCA. However, the applications for admission to MCA course were invited by the respondent University in July, 1993. The written test was held on July 28, 1993 and interview was held on August 9, 1993. In accordance with the prospectus, there were thirty seats in all for the MCA programme out of which fifteen seats were reserved and remaining fifteen seats were earmarked for general category. Petitioner, who belongs to general category, had applied in the quota meant for the said category. The minimum qualification for admission to MCA, as prescribed in the prospectus issued by the Guru Nanak Dev University for BCA students, is to have passed Mathmatics at +2 level. However, for the purpose of admission, a written test in the following three papers was taken by the respondent-University which included a paper of Mathematics. All the three papers carried equal marks :--

(i) Mathematics/Satisfies;

(ii) Logical Reasoning and analytical ability;

(iii) General Engiligh and general awareness.

However, the requirement of knowledge of Mathematics was to be of the level of graduation. When the test was held, petitioner found that the standard of Maths, paper was of far higher level as compared to + 2 level. As alleged she was unable to do this paper properly and despite having stood first in BCA, was not able to secure a place in the merit list. She was placed in the waiting list in general category at No. 10. The decision of the respondent University in not granting admission to her by prescribing the standard of Mathematic of B.A. level is stated to be arbitrary by pleading that whole purpose of the MCA course is to provide the highest degree of training in the field of Computer Science. The degree of BCA is stated to be a feeder degree for the purpose of getting training in higher degree like MCA. The whole purpose of BCA Mathematics is to provide specialised skills in the field of computer science whereas MCA represents still higher technical qualification. The criteria adopted by the University in expecting higher standard of Mathematics than what is taught in BCA is, thus, styled to be aribtrary. With a view to strengthen the point noticed above, it is further pleaded that when the standard of Maths in BCA programme is of + 2 level, it could not be expected that a student, who had done BCA would match the standard of B.A. level, as a result, no candidate unless he is specially skilled in Mathematics, could possibly secure admission in MCA for which BCA is a natural source. It is further pleaded and so argued by Mr. J.K. Sibla, learned counsel for the petitioner that the condition of eligibility as per the prospectus of Guru Nanak Dev University is B.C.A. with Maths at + 2 level and the whole purpose of having this condition of eligibility is to give a fair chance to those who have qualified BCA examination to get admission in MCA programme but by prescribing the standard of Maths of B.A. level, the whole purpose is frustrated.

The matter has been contested and in the written statement that has been filed by respondent -- University through its Registrar, it has been pleaded that MCA is a multidisciplinary course and BCA was never intended to be a feeder course to MCA, the admissions to which are made purely on the basis of performance in the Entrance Test complying with the admission policy of the University. Moreover, the eligibility to MCA was decided much before BCA started. The admission to MCA is to be purely on the basis of performance in the Entrance Test. The conditions contained in the prospectus governing the admission to MCA, it is pleaded were duly approved by the Univer-sity''s Syndicate in its meeting held on March 30, 1993 and the said conditions were to be complied with in accordance with the letter issued by the University Grants Commission.

Petitioner filed replication and the respondent -- University filed reply to the same. But all that requires to be mentioned is that it has been specifically pleaded in the rejoinder filed by the University that it decided the eligibility criteria of MCA way back in the year 1988. It was decided that the test would be of three papers of equal weightage. In 1993, Mathematics syllabus was reduced to some specific topics for the benefit of BCA students. It has been further pleaded that the syllabus for the Entrance Test was of under graduate level and it was wrong to say that BCA students could not pass the MCA Entrance Test. Out of all who appeared in the Entrance Test, eleven students were those who had passed BCA examination and fire of them had passed the said test. Ultimately, in accordance with the merit list that was prepared, two students who had done BCA , were actually admitted in MCA.

After hearing learned counsel for the Parties and going through the records of the case, I am of the considered view that there is no merit in these petitions and the same deserve to be dismissed. It is not disputed that the Entrance Test for admission to MCA had been conducted strictly in accordance with the conditions of eligibility so prescribed in the prospectus. The eligibility for admission, as spelled out from Annexure P4 which is stated to be relevant extract of the prospectus, manifests that the minimum qualifications for admission to the first year of this programme shall be 50% marks in aggregate or an equi- valent grade point average in any of the following examinations :--

"M. A./M.Sc. in Mathematics/Mathematical Statistics/Operational Research/-Physics/ B. Tech. of Guru Nanak Dev University or any other examination recognised as equivalent thereto.

OR

M.Sc. in Science with Mathematics/Stati stics as an elective subject at the graduate level.

OR

M.Com/ M.A. (Eco,)/ M.B. A. of the Guru Nanak dev University or any other examination equivalent thereto with Mathematics/ Statistics as an elective subject at the graduate level.

OR

Bachelors degree in any Branch of Science or any other examination equivalent thereto with Mathmatics/Statistics as an elective subject.

OR

B.B.A./B.Com./B.Com (Rons) ;in Eco nomics of Guru Nanak Dev University or equivalent thereto, with Mathematics/ Stati stics as an elective subject.

OR

B.A. (pass) with Mathematics/Statistics as one of the elective subject of the Guru Nanak Pev University or any other examination recognised equivalent thereto.

OR

B.Sc. (Rons. School) in Physics, Chemistry or Economics and Maths at + 2 level of Guru Nanak Dev University or any other examination recognized equivalent thereto.

OR

B.C.A. of Guru Nanak Dev University or any other examination recognised as equivalent thereto with Maths at the + 2 level,

OR

B.A./B.Sc. with Computer Science/Appli-cations as a subject and Maths at the + 2 level.

A bare perusal of these eligibility conditions for admission would clearly manifest thai many such students have been made eligible to be admitted in MCA even though they may not have done Mathematics at any level whatsoever. Taking the first category of persons, who are eligible, it will be seen that any one who has done; M.A./ M.Sc., in Mathematics/ Mathmatical Statistics/ Operational Research/Physics/B.Tech. is eligible to be admitted in MCA. The third clause would manifest that any one who has done M.Com. is also eligible for the Course. The person holding Bachelor''s degree in any branch science is also eligible to be admitted. One who has done B.Com. is also eligible to be admitted in the course in question. If the argument of Mr. Sibal is accepted, then all those who have obtained Bachelor''s degree or Master''s degrees in the subjects aforesaid, can also complain about Maths, being introduced as one of the compulsory subjects in the Entrance Test, Once such candidates are eligible to be considered for admission in MCA without having ever taken Maths as a subject at any level, the petitioners who have done Maths even though at + 2 level, cannot make a grouse-that the level of Maths for the Entrance Test should be of the standard of + 2 level, and not of B. A. The last three categories of eligible students show that even though they are B.Sc., B.C.A. or B.A. they should have done Maths at + 2 level. For all these three categories which of course, includes the category of petitioners, the eligibility is of having passed Mathematics at the level of + 2. If the argument of learned counsef is accepted, then the students of other two categories can also come and complain that even though they are eligible to apply having done Maths at + 2 level, the standard prescribed for Entrance test is far higher. Seeing from any angle, thus, it would be clear that petitioners or the category that they represent, have not been singled out. That apart, there is no merit, whatsoever in the contention of learned counsel for the petitioners that having made the. petitioners eligible to take examination, the standard of the Entrance Test should be equivalent to the examination passed by a particular student. The very course where the admission has been sought for indicates that Mathematics is one of the essential subjects and is very much required for making one well versed in the branch concerned, Even though, this is the position, many others who have not done Maths at arty stage, have, also been made eligible. Once a particular standard has been laid down, it is for the students to really work and secure admission on merits. They cannot complain about the standard of test being higher than that of what they have actually studied while passing the examination which makes them eligible for the test. The High Court in its jurisdiction under Art. 226 of the Constitution of India, should hot normally interfere in the methodology for admission unless the same is shown to be arbitrary, this is in the domain of the experts dealing with the matter to prescribe the eligibility criteria and standard of the test that might govern the admissions. Division Bench of this Court in Bhupinder Singh Mahay and another Vs. The State of Punjab and others, , held, "held", we are of the considered view that in the affairs of education where the experts determine the methodology for admission of the meritorious students, no interference should be made, unless it is shown to be arbitrary, or for some other reasons the selection is shown to be bad. It should be left to the experts selecting the candidates. There is no malice attributed to the authorities in adopting the process and methodology of preparing the merit for selection, nor there is anything to show that the appellants have been treated unequally,

For the reasons mentioned above, I find no merit in these petitions and the same are, thus, dismissed. There shall, however, be no order as to costs.

Applications dismissed.