R. A. SHARMA, J. ( 1 ) -NAME of the petitioner, who is in service of the Government of Uttar Pradesh as Live-stock Extension Officer was sponsored by the State Government along with the names of four other candidates, for admission to Bachelor of Veterinary Science and Animal Husbandry course conducted by Govind Ballabh Pant University of Agriculture and Technology, Pant Nagar, Nainital (herein after referred to as the University ). The University although admitted the four persons sponsored by the State Government but declined to do so in the case of the petitioner on the ground that he is not eligible for being admitted to the above course. The petitioner has filed this writ petition challenging the above order. ( 2 ) THE University has filed counter-affidavit in reply to the writ petition. I have heard the learned counsel for the petitioner and the learned counsel for the respondents. ( 3 ) ELIGIBILITY qualifications for admission to the aforesaid course are as follows :" (I) 55% marks in aggregate in Intermediate Science with Biology or Intermediate Agriculture with not less than 45% marks in aggregate in High School Examination; (ii) A pass in 2 years Livestock Supervisor/livestock Development Asstt. Diploma Course with five years field experience as Live Stock Supervisor or Livestock Development Assistant or in a higher capacity. OR a pass in 1 1/2 years Livestock Supervisor/livestock Development Asstt. Diploma course with 7 years field experience as Livestock Supervisor/livestock Development Assistant or in a higher capacity. Note : Only candidates to be nominated by the U. P. State Government shall be eligible to be considered under the category and they will not be required to take Entrance Examination. "the petitioners case falls in the first alternative and the only question which has been agitated before this Court is whether the petitioner has 55% marks in aggregate in Intermediate Science with Biology. There is no dispute that the petitioner has the other qualifications mentioned in Clauses (i) and (ii ). ( 4 ) IN 1972 the petition passed Intermediate (Arts) with Hindi, Geography, Civics, Economics and English as subjects. However, in 1981 the petitioner again appeared in Intermediate examination in three subjects viz. Physics, Chemistry and Biology in which he secured 73, 71 and 70 marks respectively. ( 4 ) IN 1972 the petition passed Intermediate (Arts) with Hindi, Geography, Civics, Economics and English as subjects. However, in 1981 the petitioner again appeared in Intermediate examination in three subjects viz. Physics, Chemistry and Biology in which he secured 73, 71 and 70 marks respectively. The University while calculating the percentage of marks, obtained by the petitioner has taken into account the marks obtained by him in five subjects of Arts in which he appeared in 1972 and three subjects of Science in which he appeared in 1981 and arrived at the aggregate marks by computing the marks of all the eight subjects. Aggregate thus arrived is less than 55%. The University accordingly came to the conclusion that the petitioner has secured less than 55% and as such be could not be eligible for being admitted to the aforesaid course. ( 5 ) LEARNED counsel for the petitioner has however, argued that as the Intermediate Science with Biology is qualifying examination the University is entitled to take into consideration the marks obtained by the petitioner in three subjects of Science and Hindi and English. The aggregate of marks thus calculated would admittedly be much more than 55%. ( 6 ) INFORMATION Brochure, copy of which has been filed as annexure-1 to the counter affidavit, contains eligibility qualifications, relevant part of which has already been reproduced herein before. Word "aggregate" has been defined in Clause 2 of Appendix II of the said Brochure and the same being relevant is reproduced below :" (2) The word aggregate wherever it has been used means aggregate percentage of marks of all the subjects studied by the students in the qualifying examination irrespective of the fact whether the subjects counted for the award of Division by the concerned Board/university or not. " ( 7 ) ACCORDING to the above definition aggregate percentage of marks of all the subjects studied by student in the "qualifying examination" has to be calculated in order to find out as to whether a candidate is eligible or not. It is not disputed that the qualifying examination is Intermediate Science with Biology. The marks obtained by a candidate in the subjects other than Intermediate Science with Biology cannot be taken into account in order to find out the percent age of marks. It is not disputed that the qualifying examination is Intermediate Science with Biology. The marks obtained by a candidate in the subjects other than Intermediate Science with Biology cannot be taken into account in order to find out the percent age of marks. The University, as such, was not justified to take into account the marks obtained by the petitioner in three subjects of Intermediate (Arts) viz. Geography, Civics and Economics. Excluding marks of the three subjects, mentioned above, the petitioner gets much more than 55% of marks in aggregate and as such he is fully eligible for being admitted to the course mentioned above. ( 8 ) THE writ petition is allowed with costs. The impugned order dated 29/08/1992 (Annexure-4 to the writ petition) is quashed. The University is directed to admit the petitioner in the course for which the petitioners name was sponsored by the State Government. ( 9 ) LEARNED counsel for the petitioner has raised the apprehension that the petitioner may not be permitted to appear in the examination even after his admission due to shortage of attendance, which is found to be on account of delay in admission for which the petitioner is in no way responsible. The petitioner has been denied admission by the University on erroneous assumption and as such he cannot be penalised for shortage of attendance on account of delay in admission. The University authorities, as such, will not detain the petitioner from appearing in the examination on account of shortage of attendance so far as it relates to the period prior to his admission in pursuance of this order. Petition allowed. .