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1991 DIGILAW 161 (GAU)

Santosh Kumar Roy v. Assam Agriculture University, Jorhat

1991-09-19

M.SHARMA, R.K.MANISANA SINGH

body1991
P.K.Manisana, J.— In this petition, the petitioner Shri Santosh Kumar Roy has challenged the refusal of the Assam Agriculture University to admit the petitioner to BSc (Agri) Degree Course. 2. The petitioner belongs to more other Backward Class (MOBC) in State of Assam. At the relevant time, he was working as Village Level Extension Worker under Agricultural Officer, Kokrajhar. The petitioner passed his Pre-University (Science) Examination in the year 1981 with Physics, Chemi­stry and Mathematics in second division He secured marks 86 in Physics and 88 in Chemistry, He passed Biology separately as single subject in 1990 securing 117 marks. The petitioner applied for admission to BSc (Agri) Degree Course. Rut the Assam Agriculture Universi.y at Jorhat did not select the petitioner on the ground that he did not qualify as he has passed Biology separately as single subject in 1990. Hence this petition. 3. In clause (i) of the paragraph 8. 3. 1 of the Information for Admission to Bachelor's Degree Programme issued by the Assam Agriculture Univer­sity, Jorhat, for short "the Information", it is provided thus: " (i) A candidate must have passed 10 + 2 examination in Science group or equivalent examination with physics, chemistry and biology (or botany and zoology in place of biology) of a recognised University/ board." The above quoted passage indicates that a candidate must pass 10 + 2 examination in science group or equivalent examination with Physics, Chemi­stry and Biology (or Botany and Zoology in place of Biology,. Though the petitioner has passed Physics, Chemistry and Biology, he parsed Biology as single subject in a separate examination. 4. The question which, therefore arises for consideration is whether the petitioner who passed Biology separately as single subject can be considered for admission to BSc (Agri) Degree Course. 5. Mr. G.N. Sahewalla, learned counsel for the petitioner, has drawn our attention to the Regulation of the Assam Higher Secondary Education Council, which regulation provides : "A candidate may be allowed to appear in particular subjects (maximum of two subjects without practical) of the H. S Examination as a private candidate, after passing the H.S. Examination of the Council or its equivalent, as per Curriculum & Syllabus prescribed by the Council, provided any University in Assam or any institution recognised by them requires the subject to be passed by the candidates at HS Level for prosecuting higher courses of study." (emphasis added) Thereafter, Mr. Sahewalla has contended that, in view of the regulation referred to above, the petitioner has passed the requisite academic qualifica­tion examination, and therefore, the petitioner was qualified for admission to BSc (Agri) Degree Course. A reading of the regulation shows that the passing of a subject which is required for higher course of study separately, will qualify or not a candidate for prosecuting higher study depends upon the University and the course of study to which a candidate is to be admitted. 6. The question then is, Whether the Assam Agriculture University recog­nises the passing of a single subject separately in Pre-University (Science) Examination for admission to BSc (Agri) Degree Course. 7. The foot-note appended to paragraph 8.3.4 of the Information reads : “Note : Candidates passing in Supplementary or Compartmental [ or improvement in single subject (S) ] examination shall not be eligible for admission in to B.Sc (Agri), B. V. Sc & A. H., B.Sc (Home Science) and B. F. Sc. degree programmed." (emphasis added) 8. The foot-note cannot be ignored or by-passed. The foot-note is made contemporaneously with the rule. The real purpose of the note is that when the rule is silent the note will fillup gaps. The note which is appended to the rule is of aid not only in applying the rule but also in interpreting the true import of the rule (See Tara Singh vs. State of Rajasthan, AIR 1975 SC 1487 |and Mary Oommen vs. Manager, AIR 1987 SC 1136). 9. Keeping the above principle in view, let us now examine the case on hand. Under the foot-note referred to above, a candidate passing in supp­lementary or compartmental (or improvement in single subject) examination shall not be eligible or admission to BSc (Agri) Degree Course. The expre­ssion "supplementary or compartmental 01 improvement examination" connotes the passing of one, two or three particular subjects in a separate examination, not in the general examination. Therefore, the foot-note indicates that the candidate seeking admission to the University in BSc Agri) Degree Course must pass the requisite academic qualification in one and the same examination. In other words, the Assam Agriculture Univer­sity does not recognise the passing of a single subject separately for admission to the BSc (Agri) Degree Course. Therefore, the foot-note indicates that the candidate seeking admission to the University in BSc Agri) Degree Course must pass the requisite academic qualification in one and the same examination. In other words, the Assam Agriculture Univer­sity does not recognise the passing of a single subject separately for admission to the BSc (Agri) Degree Course. As already stated, the petitioner did not pass his biology in one and the same examination taken by him in 1981, but in a separate examination as single subject. For these reasons, the contention of Mr. Sahewalla cannot be accepted. Accordingly, the petition is dismissed. No costs.