S. Vijayalakshmi vs Bangalore University and Another

Venkatachala, J.-By consent of learned Counsel on both sides, this petition is treated as having been posted for final hearing and 1 have heard them.

Material facts lie in a narrow compass. Kum. S. Vijayalakshmi is the petitioner in the Writ Petition. She passed the two years P.U.C. examination conducted by the P.U.C. Board of Karnataka State in the year 1981, with the subjects Physics, Chemistry, Mathematics and Biology. Thereafter, she having taken the B.Sc. Degree Course of the Bangalore University passed each year of the examination conducted therefor by the Bangalore University, with Science subjects Chemistry, Botany and Zoology. Out of the maximum marks of 100 for Theory paper and Practical in each of the said subjects studied during the first year of that examination she secured more than 35% marks, but less than 50% marks. Similar was her performance in the second year. However, in the third year examination she took in each of the said subjects with maximum marks of 200, she got a Second Class by securing not less than 50% average marks in those subjects. The actual average marks secured by her in each subject came to 52% and a little more. Annexure-B produced along with the Writ Petition is her statement of marks issued by the Bangalore University respecting the third year B.Sc. examination she took in the year 1984. The marks so secured by her in the third year B.Sc. Degree Examination of the Bangalore University being not less than 50% of the total marks secured in Science subjects taken together at a higher examination envisaged under the Bangalore University''s Modified Regulations of M.B.B.S. Course 1979 Scheme-coming into effect from the academic year 1983-84 (hereinafter referred to as the ''Modified Regulations''), she got admission to the first year M.B.B.S. Course of the academic year 1988-89 in Kempegowda Institute of Medical Sciences, Bangalore, (hereinafter referred to as the ''Medical College''), which was affiliated to the Bangalore University. When, she was thus prosecuting the said M.B.B.S. Course, the Medical College received from the Registrar, Bangalore University, letter No. ACA/RI/MBBS/Appl. ADM/15/88-89 dated 9-11-1988, intimating that the petitioner having secured only 46.7% marks in the average in her Science subjects of B.Sc. examinations of all the three years, she was ineligible for admission to first year M.B.B.S. Course under the Modified Regulations. That letter made the Medical College to issue to the petitioner a notice dated 21-12-1988, produced as Annexure-G along with the Writ Petition, calling upon her to offer her remarks as to why she should not be discharged from the College in view of the said letter received from the University. Since the remarks offered by the petitioner did not prove fruitful, she has come to file this Writ Petition on 25-3-1989 questioning the correctness of the view taken by the Bangalore University that under the Modified Regulations that a candidate who has passed the B.Sc. examination would become eligible for admission to first year M.B.B.S. Course, if such candidate has secured not less than 50% marks in Science subjects of all the three years examinations and not merely in the Science subjects of third year examination, the higher examination. Consequently, it is prayed that this Court should quash the letter No. ACA/RI/MBBS/App.ADM/15/88-89 dated 9-11-1988 of the Bangalore University and the notice bearing No. KIMS 2452/88-89 dated 21-12-1988 of the Medical College and direct the respondents i.e. Bangalore University and Medical College to allow the petitioner to prosecute the studies of the Medical Course to which she is admitted.

It was contended by Sri. Hanumanthappa, learned Counsel appearing for the petitioner, that not less than 50% marks required to be secured at a higher examination by a candidate who has passed the B.Sc. examination and seeking admission to the M.B.B.S. Course under the Modified Regulations, having regard to their underlying purpose could only be in optional subjects of third year B.Sc. examination and not in the optional subjects of all the three years of the B.Sc. examination. According to him if the Modified Regulations are so construed, the Bangalore University''s letter and the notice of the Medical College issued to the petitioner informing her that she has to be discharged from the College because of her securing less than 50% marks in the optional subjects of all the three years examinations of her B.Sc. Course become unsustainable and the University and the Medical College are to be directed to allow the petitioner to continue the M.B.B.S. Course to which she is already admitted.

However, on behalf of the Bangalore University, the view taken by it as to the ineligibility of the petitioner for admission to the M.B.B.S. Course was sought to be justified.

In the light of the said contest, the point which requires consideration and examination is:

Whether not less than 50% of the total marks in Science subjects required to be taken at a higher examination for admission to the M.B.B.S. Course under the Modified Regulations is the marks secured by a B.Sc. candidate in the third year B.Sc. examination or the marks obtained in all the three years of the B.Sc. examinations?

Material portion of Regulation-1 of the Modified Regulations bearing on the point reads:

"1. ADMISSIONS ELIGIBILITY

Admissions to the M.B.B.S. Course:

The Candidate shall have passed:

The two years PUC Examination...

OR

The Pre-Professional/Pre-Medical examination....

OR

The First year of the three years degree course of Bangalore University ..... with Physics, Chemistry and Biology, including a Practical test in those subjects provided the examination is a ''University Examination''.

OR

B.Sc. Examination of Bangalore University.....

Provided that he has passed the B.Sc, Examination with not less than two of the following subjects:

Physics, Chemistry, Biology & Zoology and further that he has passed the earlier qualifying examination with the following subjects:

Physics, Chemistry, Biology and English.

NOTE: A student who has passed the B.Sc Examination with one or more subjects mentioned earlier would be admitted to the Medical Course if he had passed the remaining subjects of the Medical Group (Physics, Chemistry and Biology) in the pre-professional/ intermediate examination.

Provided that the Candidate should have secured not less than 50% of the total marks in Science subjects taken together at the qualifying examination or at a higher examination.

Provided that the Candidate belonging to the SC/ST and backward tribe may be given relaxation of 10% in the minimum marks required for admission".

(emphasis supplied)

Whether the above proviso, to which emphasis is supplied by me, is intended to make ineligible a candidate who has secured more than 50% of the total marks in Science subjects at the third year B.Sc. examination to the M.B.B.S. Course, has now to be seen.

As the Scheme of examination for B.Sc. Degree Course of the Bangalore University appear to shed proper light on the matter, the same as found in the Regulations for the B.A., B.Com. & B.Sc. Degree Courses (New Scheme) of the Bangalore University is reproduced:

"Scheme of examination for B.Sc. Degree Course:

There shall be a University Examination at the end of each year. The maximum marks for the University Examination in a theory paper and Practicals shall be as follows:

Duration of examination marks in the theory paper Total Marks

1 2 3

FIRST YEAR

Part-I Language 1 3 hours 100 100

Language 2 3 hours 100 100

Part-II

Optional I Theory 3 3 hours 70 100

Annual Practical Examination 1 30

Optional II Theory 4 3 hours 70 100

Annual Practical Examination 2 30

Optional III Theory 5 3 hours 70 100

Annual Practical Examination 3 30

SECOND YEAR

Part I- Language 6 3 hours 100 100

Language 7 3 hours 100 100

Part II-Optional I Theory 8 3 hours 70 100

1 2 3

Annual Practical Examination 4 30

Optional II Theory 9 3 hours 70 100

Annual Practical Examination 5 30

Optional III Theory 10 3 hours 70 100

Annual Practical Examination 6 30

THIRD YEAR

Optional I Theory 11 3 hours 70 100

Annual Practical Examination 7 30

Theory 12 3 hours 70 100

Annual Practical Examination 8 30

Optional II Theory 13 3 hours 70 100

Annual Practical Examination 9 30

Theory 14 3 hours 70 100

1 2 3

Annual Practical Examination 10 30

Optional III Theory 15 3 hours 70 100

Annual Practical Examination 11 30

Theory 16 3 hours 70 100

Annual Practical Examination 12 30

Note: If an option subject under Part II has no practical work then the marks in each paper shall be distributed as follows:

Theory 3 hours 100 marks."

The salient features of the above Scheme of examination for B.Sc. Degree Course could be summarised thus:

(1) The B.Sc. Degree Course is of three years duration.

(2) Subjects studied by a candidate during each year of the Course would be the subjects of the University examination to be conducted at the end of each year.

(3) Optional subjects to be studied during each year of the Course could only be Science subjects.

(4) The Science subjects to be studied by a candidate for the first year examination are three subjects carrying 100 maximum marks for each subject with one paper of 3 hours examination duration. The other subjects to be studied by the candidate are languages carrying 100 maximum marks for each subject with one paper of 3 hours examination duration. Study of subjects by a candidate for the second year examination is similar to that of first year.

(5) When it comes to the third year examination, the Science subjects to be studied by a candidate though are the same as those studied for first year and second year examinations, each Science subject carries 200 maximum marks with two papers of 3 hours examination duration for each paper.

The above salient features of Scheme of examination for B.Sc. Degree Course, if are seen, they make it apparent that the Course content in Science subjects of the University examination of third year B.Sc. Degree Course is twice the size of the Course content of the same Science subjects of the University examination of first year of that very B.Sc. Degree Course. That apart, the fact that the Course content of the third year University examination of B.Sc. Degree Course involves advanced study of Science subjects, while the Course content of first year University examination of that very B.Sc Degree Course involves mere elementary or introductory study of Science subjects, being a matter of common knowledge, remains undisputed. This situation makes it obvious that marks secured by a candidate in third year University examination of B.Sc. Degree Course have atleast greater value if not twice the value of marks secured by such candidate in first year University examination of that Course.

Reverting to the Modified Regulations, while they make a candidate who has passed either the first year University examination of three years B.Sc. Degree Course of Bangalore University or B.Sc. Examination of the same University eligible for admission to the M.B.B.S. Course of the Bangalore University, the proviso therein adverted to earlier, requires that such candidate should have secured not less than 50% of the total marks in Science subjects taken together at a higher examination. In so far as a candidate who has passed the first year University examination of the B.Sc. Degree Course by securing not less than 50% marks in that University examination, such candidate satisfies the requirement of the proviso relating to securing of not less than 50% marks in higher examination is undisputed on behalf of the Bangalore University. But, when it comes to a candidate who has passed the B.Sc. Degree Course, the contention advanced on behalf of the Bangalore University is that such candidate to satisfy the requirement of securing not less than 50% marks in higher examination under the said proviso should have secured not less than 50% marks not in the Science subjects of third year University examination of the three years B.Sc. Degree Course, as such but in Science subjects of all the three years University examinations of that Course. The contention so advanced, in my view, does not merit acceptance, since its acceptance would bring about an anomalous result, to wit, that the marks of a candidate of B.Sc. Degree Course, secured in his/her first year University examination of that Course would be of a greater value than the marks secured in his/her third year University examination of that Course, while the reality is otherwise, as already pointed out on a consideration of the Scheme of examination for B.Sc. Degree Course formulated by the Bangalore University. Acceptance of the said contention is not also warranted, as such acceptance would have the effect of defeating the underlying purpose of the adverted proviso, which specifically requires of the candidates of B.Sc. Course applying for admission to M.B.B.S. Course of Bangalore University under the Modified Regulations of their securing not less than 50% marks in Science subjects in their higher examination.

Higher examination envisaged in the adverted proviso to Modified Regulations, in which not less than 50% marks in Science subjects is required to be secured by a B.Sc. candidate seeking admission to M.B.B.S. Course cannot be third year University examination of the B.Sc. Degree Course but ought to be all the three years University examinations of such B.Sc. Degree Course as a whole, as urged in Bangalore University''s statement of objections and reiterated on its behalf in the course of arguments addressed before me, becomes difficult of acceptance, if regard is given to the express language employed in Regulation XI of Regulations for the B.A., B.Com. and B.Sc. Degree Courses (New Scheme) of Bangalore University, wherever it (Bangalore University) is intended that marks secured by a candidate in all the three years examinations of degree course are to be taken for certain purposes. That Regulation, for a proper examination of the matter is reproduced:

"XI. Classification of Successful Candidates:

(1) The results of the I/II Year degree examinations shall be declared and classified separately as follows:

(a) First Class: Those who obtain 60% and above of the total marks of Parts I & II.

(b) Second Class: Those who obtain 50% and above but less than 60% of the total marks of Parts I and II.

(c) Pass Class: Rest of the successful candidates who secure 35% and above but less than 50% of marks in Parts I and II.

(2) The results of the III Year examination shall be declared and classified as follows:

(a) First Class: Those who obtain 60% and above in the subjects under Part II.

(b) Second Class: Those who obtain 50% and above but less than 60% in the subjects under Part II.

(c) Pass Class: Rest of the successful candidates who secure 35% and above but less than 50% of marks in the subjects under Part II.

(3) The results of the degree Course as a whole shall be declared on the basis of the aggregate marks obtained by the candidates in the optional subjects of the I Year, II Year and III Year degree courses put together as follows:

(a) First Class: Those, who obtain 60% and above of the aggregate marks in the optional subjects of I Year, II Year and III Year under Part II of the degree course.

(b) Second Class: Those who obtain 50% and above of the aggregate marks in the optional subjects of I Year, II Year and III Year under Part IIof the degree courses.

(c) Pass Class: Rest of the successful candidates who obtain 35% and above but less than 50% of the aggregate marks in the optional subjects under Part II of I Year, II Year and III Year degree courses.

(4) Classes and ranks shall be declared on the basis of the aggregate marks obtained by the candidates in the Optional subjects under Part II of the I Year, II Year and III Year of the degree courses as a whole. However, only those candidates who have passed each annual public examination in the first attempt only shall be eligible for the award of ranks. The first ten ranks only shall be notified." (emphasis supplied)

As could be seen from the above Regulation wherever the Bangalore University has intended that the marks secured in all the three years examinations of Degree Course are to be taken for purposes of declaration of result of the degree course or classification of such result, it has expressed itself by using the words ''the degree course as a whole''. If similar was the intended purpose sought to be achieved by the Bangalore University respecting a candidate of B.Sc. Degree Course securing not less than 50% marks in Science subjects of all the three years of that course, there would have been no reason why the very Bangalore University which made the Modified Regulations, could not have used therein the same words used for achieving such purpose in its other Regulation XI adverted to earlier. Therefore, the stand taken on behalf of the Bangalore University that not less than 50% marks required to be secured by a B.Sc. Degree candidate under the adverted proviso to Modified Regulations is of all the three years examinations of that Course as a whole, becomes difficult of acceptance in the absence of words ''as a whole'' in that proviso.

For the foregoing reasons, I am of the considered view that a candidate who has passed the B.Sc. Degree Course of Bangalore University becomes eligible for admission to the M.B.B.S. Course of that University under the adverted proviso to the Modified Regulations, if such candidate has secured not less than 50% marks in Science subjects of third year University examination of that Course.

In the above view I have taken of the higher examination in the adverted proviso, the letter No. ACA/RI/MBBS/Appl. ADM/15/88-89 dated 9-11-1988 of the Bangalore University and the notice bearing No. KIMS 2452/88-89 dated 21-12-1988 of the Medical College, which are impugned in this Writ Petition become unsustainable in law.

There is another important aspect of the matter which requires an examination. That aspect relates to admission by the Bangalore University of the petitioner to M.B.B.S. Course. What the Bangalore University has stated in this regard in Para-5 of its statement of objections reads:

"Subsequent to the petitioner being provisionally admitted to the MBBS Course, on detail verification it was found that the petitioner has not secured 50% of marks in B.Sc. examination as a whole so as to be eligible for seeking admission to the M.B.B.S. Course."

When the Bangalore University has, on its own showing admitted the petitioner to M.B.B.S. Course on its view that the Modified Regulations made her eligible for such admission and allowed her to complete almost one year of that Course, it would result in grave hardship and irreparable injury to petitioner if the Bangalore University is allowed to change its stance and putforth the plea that such candidate having been provisionally admitted, her admission is liable to be cancelled as the University has subsequently, on a detailed verification of the concerned Regulation has found the petitioner to be not eligible to admission to M.B.B.S. Course, in that she has secured less than 50% marks in Science subjects of all the three years examinations of B.Sc. Degree Course taken as a whole, though she has secured not less than 50% marks in Science subjects of III Year Examination of B.Sc. Degree Course. This situation itself, apart from what I have said of the purport of Modified Regulations, being sufficient on the principle of equitable estoppel to estop the Bangalore University from cancelling the admission of the petitioner to the M.B.B.S. Course, made by it earlier, the impugned letter of the Bangalore University sent to Medical College and the impugned notice issued by the Medical College, pursuant thereto, become unsustainable in law.

In the result, Rule is made absolute and Writ Petition is allowed. Impugned letter No. ACA/RI/MBBS/Appl. ADM/15/88-89 dated 9-11-1988 of the Bangalore University and impugned notice bearing No. KIMS 2452/88-89 dated 21-12-1988 (Annexure-G) of the Medical College are quashed and the Bangalore University (Respondent-1) is directed to announce the result of examination taken by the petitioner pursuant to interim order made by this Court on 17-4-1989 within four weeks from today, if not already announced and allow the petitioner to prosecute her studies in the M.B.B.S. Course of the Medical College (Respondent-2), in which she is admitted.