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Delhi High Court · body

1992 DIGILAW 576 (DEL)

DINESH PAL v. UNIVERSITY OF DELHI

1992-12-15

JASPAL SINGH, MAHINDER NARAIN

body1992
Mahinder Narain, J. ( 1 ) THE facts giving rise to this petition havebeen stated by brother Jaspal Singh, J. as also the contention raised by theparties. ( 2 ) AS stated by brother Jaspal Singh, what needs to be adjudicatedupon is the eligibility condition of the necessity of securing 55% marks by aholder of bachelor degree from the Punjab University after studing for 14years to obtain the bachelor degree. ( 3 ) I am unable to accept that one year additional study ought tolead to a discount of 5% in the bachelor degree examination marks, that aperson who has spent 14 years to secure a bachelor degree should be penalised by necessity of having additional 5% marks. ( 4 ) IN my opinion, as I have held in the case of Jayshree Ravi v. University of Delhi, C. W. P. 2603/92 decided on 14/12/1992 it is notpermissible to lay down the eligibility condition of 50% marks in bachelordegree examination as a condition precedent to taking the entrance examination, the prescription of 55% marks in bachelor degree examination asan eligibility condition suffers from the same infirmity, whether such condition is prescribed by the University of anybody else. Such a condition isviolative of Articles 14 and 21of the Constitution as in my view all bachelordegree holders Have to be treated alike, and their merit for their 1st yearll. B. Course determined on the basis solely of the marks obtained in theentrance test, and no condition of pre-reuisite percentage of marks can beimposed for the post-graduate LL. B. Course. ( 5 ) I would add that for the purpose of determining whether theconstitutional rights are violated or not this Court is competent to judge theactions of the University and its committees. The object of the entrancetest is selection on the basis of merit. Merit in that entrance test will entitleor disentitle a person, of a seat in this course. ( 6 ) FOR the reasons stated by me in Jayshree v. University of Delhi, (supra) I would allow the writ petition with no orders as to costs.