A. J. SADASHIVA, J. ( 1 ) THE 1st respondent-Bangalore University in W. P. No. 21280 of 1991 has filed this appeal against the order dated April 2, 1992 passed by the learned Single Judge allowing the said writ petition and directing the respondents to allow the petitioner to prosecute her studies in B. D. S. course and to declare her performance in respect of the examination in B. D. S. course, on holding that the University is estopped from either cancelling the petitioner's admission or to prevent her from continuing her studies. ( 2 ) THE facts leading to this appeal are as follows: The petitioner P. K. Asha secured admission to the I year B. D. S. course in the 2nd respondent-College during the academic year 1988-89. The classes commenced from the month of August, 1988. However the list of students submitted by the 2nd respondent-College to the University for approval, was not granted. The admission of the petitioner to the I year B. D. S. course was not approved firstly on the ground that the 2nd respondent-College admitted students in excess of the prescribed intake and secondly on the ground that the petitioner was not eligible for admission to the I year B. D. S. course, having failed in biology theory at the qualifying examination. The petitioner sought for admission to I year B. D. S. course after having completed All-India Senior School Certificate Examination conducted by the Central Board of Secondary Education. As per the statement of marks produced at Annexure-C by the petitioner, it is seen that the petitioner was declared 'passed' with remarks that she has failed in Biology theory. On the basis of the certificate issued by the Central Board of Secondary education that the petitioner has passed, she was admitted to the I year B. D. S. The University after verifying the marks card and ascertaining that the petitioner has failed in Biology theory paper, issued a communication dated June 21, 1991 informing the Principal of the respondent-College that the petitioner since failed in Biology theory in All-India Secondary School Certificate examination conducted by the Central Board during May, 1988, she is not eligible for admission to B. D. S. course. ( 3 ) BEING aggrieved by the said communication, the petitioner filed a writ petition before this Court under Article 226 of the constitution of India to quash the communication dated June 21, 1991, issued by the University and to declare that the said communication and the communication dated July 31, 1991 produced at Annexure-B are illegal and void in law and for a writ of mandamus directing the University and the College to permit the petitioner to pursue her studies in Bachelor of Dental surgery course in the 2nd respondent-College. This Court after issuing rule nisi granted interim order and it is stated by the parties that on the strength of the interim order, the petitioner has completed her course successfully. ( 4 ) THE petitioner in her petition, in addition to contending that the respondents, by their conduct are estopped from cancelling her admission to B. D. S. course or to prevent her from prosecuting her studies also contended that she is eligible for admission to I year B. D. S. for having secured more than the minimum prescribed marks, even though she has failed in biology theory. She has also contended that she has passed in all the four electives. The respondent-University disputed that the petitioner was eligible for admission to I year B. D. S. It was specifically contended before the learned Single Judge that, according to the statement of marks produced by the petitioner, she had passed only in three electives and failed in one of the relevant electives namely, Biology, havinag failed in Biology theory. It was further contended that securing pass marks in other subjects and getting a pass certificate in S. S. C. E. shall not be understood as pass in all the electives. ( 5 ) THE learned Judge after considering the provisions of the Karnataka State Universities Act, Ordinance of Bangalore university and the Regulations in relation to admission to I year b. D. S. course in the context of the contentions raised on behalf of the Bangalore University, has held as follows:"23. After hearing both the sides and going through the records, I am of the view that everything was not well with the University and the College. It is nobody's case that the petitioner got admitted by playing fraud or misrepresentation. After hearing both the sides and going through the records, I am of the view that everything was not well with the University and the College. It is nobody's case that the petitioner got admitted by playing fraud or misrepresentation. It is not in dispute that the certificate given C. B. S. E. states that the petitioner has passed S. S. C. E. S. S. C. E. has been treated as equivalent to II year P. U. C. . It is also not in dispute that the petitioner did study 3 electives Physics, chemistry and Biology which are required for admission to i year B. D. S. course. It is not in the University Regulation or the prospectus issued by the College that, to get admission to I year B. D. S. the candidate should have passed all the 3 subjects securing more than 50%. Even otherwise when the University treated pass in S. S. C. E. as equivalent to P. U. C. , merely because a student failed in one subject but made good in other subjects and declared as pass is incorrect to say as not eligible. The 'aggregate' as suggested by Sri N. K. Patil that 50% in each subject shall be the basis for eligibility is incorrect as, nowhere in the regulation it is stated that aggregate shall be in each paper and that the candidate should have obtained 50% in each subject. That is why it is said that in case of general category candidate, the candidate, should have 50% of marks in aggregate. Aggregate shall be calculated by putting all the subjects together. For example, a candidate, would have secured 40 marks in one subject and 60 marks in another subject. If these marks are put together, the aggregate will be 50%". ( 6 ) IT is seen from the aforesaid observation, that the learned Single Judge considered the case of the petitioner with reference to clause (c) of Regulation 1 of the Regulations. The learned single Judge did not consider the contention of the University that the petitioner is not eligible for admission for having failed in Biology theory in the qualifying examination. However it was held that there was nothing to disentitle the petitioner to seek admission. The relevant observation of the learned Judge reads as under:"26. The learned single Judge did not consider the contention of the University that the petitioner is not eligible for admission for having failed in Biology theory in the qualifying examination. However it was held that there was nothing to disentitle the petitioner to seek admission. The relevant observation of the learned Judge reads as under:"26. From the above discussion and on the perusal of the documents produced, it is clear that the petitioner, at the time of seeking admission for I year B. D. S. , had the requisite qualification. Marks obtained by her in the qualifying examination were the minimum prescribed by the University concerned. There was nothing to disentitle the petitioner to seek admission. Admission was sought by placing all the materials about her eligibility and the same was accepted and acted upon by the College. Her admission was made known to the University within the prescribed period. If the University was of the opinion that the petitioner's admission was illegal as she did not possess the requisite qualification at the time of admission, it should have taken steps at the earliest stage itself to cancel her admission. On the other hand, it allowed the student to continue her studies, thus making both the petitioner and the College to feel that her admission is a valid one. As such, it has to be said that it is not proper for the University to cancel the petitioner's admission. Moreover, when fraud or misrepresentation on the part of the student or the College in seeking admission is neither pleaded nor established, it is not proper on the part of the University to say at the fag end of the student's career that her admission deserve to be cancelled as, by its own conduct, University is clearly estopped from either cancelling the student's admission or preventing the student to continue and complete her studies". There is no reference to the remarks made in the statement of marks produced at Annexure-C by the petitioner that she has failed in Biology theory and effect of such failure, nor there was a consideration of the Bye-laws of the Central Board of Secondary education in relation to scheme of examination and pass criteria. ( 7 ) HAVING been aggrieved by the order of the learned Single Judge, the University has presented this appeal. ( 7 ) HAVING been aggrieved by the order of the learned Single Judge, the University has presented this appeal. The only question that arise for consideration in this appeal is, whether the pass certificate as issued by the Central Board of Secondary education in favour of the petitioner would comply with the requirement of eligibility for admission to I year B. D. S. course in accordance with the Regulations prescribed by the University? in order to consider whether the petitioner was eligible to seek admission to B. D. S. course, it is necessary to note the relevant regulation which reads as follows:" (1) A person shall be eligible for admission, (a) if he has passed the two year P. U. C. Examination conducted by the Pre-University Education Board of the State of Karnataka with Physics, Chemistry and biology as optional subjects or an equivalent examination wherein he has studied Physics, Chemistry and biology as optional subjects in the XII standard or class. Note: Applicants who have passed only XI standard or Cambridge Examination or one year P. U. C. and I year B. S. C. , will not be considered. or, (b) If he is a graduate of any University established by Law in India with (i) Physics, Chemistry, Biology, or (ii) Chemistry, Botany, Zoology as optional subjects: provided that persons who are graduates and have passed the examination with Chemistry, Botany, Zoology, as optional subjects shall not be eligible for admission unless they have also passed the additional physics examination of any University or Institution recognised by the State Government: provided further the marks obtained in the additional physics shall not be taken into account for assessing the merit of the candidates. (c) If he/she has obtained not less than 45% of the marks in the optional subjects referred to in clauses (a) or (b) of the qualifying Examination, if he/she belongs to any of the Scheduled Castes or Scheduled tribes and 50% of such marks in the case of others". (c) If he/she has obtained not less than 45% of the marks in the optional subjects referred to in clauses (a) or (b) of the qualifying Examination, if he/she belongs to any of the Scheduled Castes or Scheduled tribes and 50% of such marks in the case of others". ( 8 ) IT is apparent from the aforesaid Regulation that, anapplicant in order to secure admission to B. D. S. course must have passed the two years Pre-University Examination conducted by the Pre-University Education Board of the State of karnataka with Physics, Chemistry and Biology as optional subjects or an equivalent examination wherein he/she has studied Physics, Chemistry and Biology as optional subjects in the XII standard or class. The Regulation also provides for courses which are considered as ineligible for admission to b. D. S. course. It is therefore obvious that a pass in equivalent examination wherein the applicant has studied Physics, chemistry and Biology as optional subjects would alone be eligible for admission. It is not in dispute that if a candidate has passed All-India Senior School Certificate Examination, he/she will become eligible for admission to B. D. S. course as the same has been recognised as equivalent to two year P. U. C. conducted by Pre-University Education Board, Karnataka. The result of the petitioner was declared as passed by the Central Board of secondary Education with remarks that she has failed in Biology theory. On the basis of the declaration of the result, the learned single Judge has accepted the contention advanced on behalf of the petitioner that she is eligible for admission to B. D. S. course as prescribed by the Bangalore University as having passed the all-India Senior School Certificate Examination. ( 9 ) THE learned Counsel for the petitioner supports the order under appeal on the ground that the issuance of a pass certificate by the Central Board of Secondary Education is sufficient for the petitioner to seek admission to the I year B. D. S. course and when once the Central Board of Secondary examination issued pass certificate the correctness of the same cannot be questioned by any other authority. ( 10 ) IN this context it is relevant to note the Examination Bye-laws of the Central Board of Secondary Education relating to scheme of examinations and pass criteria for All-India Senior school Certificate and All-India Secondary School Examinations conducted by the Board. ( 10 ) IN this context it is relevant to note the Examination Bye-laws of the Central Board of Secondary Education relating to scheme of examinations and pass criteria for All-India Senior school Certificate and All-India Secondary School Examinations conducted by the Board. The Bye-laws provided for our perusal are effective from September 24, 1990. The Bye-laws as in force in 1988 are not produced. The writ petition was disposed of on the basis of 1990 Bye-laws. The Bye-laws in respect of the scheme of examinations and pass criteria for the All-India/delhi senior School Certificate read as under:"scheme of Examinations and Pass Criteria. 37. General Conditions: (i) The scheme of examinations and pass criteria for All- india/delhi Senior School Certificate and All- india/delhi Secondary School Examinations, conducted by the Board, will be as laid down in the norms from time to time. (ii) Class XI/ix examinations shall be conducted internally by the schools themselves. (iii) The Board will conduct the external examinations at the end of class XII/class X. (iv) Class XII/x examinations will be based on the syllabi for the classes. Classes XII/x as prescribed by the board respectively from time to time. (v) Number of papers, duration of examination and marks for each subject/paper will be as specified in the curriculum from time to time. (vi) The -examination would be conducted in theory as well as in practicals depending upon the nature of the subject (s) and the marks/grades allotted will be as prescribed in the rules. (vii) The Board will not declare toppers either in aggregate or in individual subjects. (viii) Marks/grades would be awarded for individual subjects and under no circumstances, would the aggregate marks of different subjects be indicated. 38. Rules regarding grading, (i) In addition to numerical scores, the Board will indicate grades in the marks sheets issued to the candidates in case of subjects of external examinations. In case of internal assessment subjects, only grades will be shown. (ii) Letter grades on a nine point scale will be used. (iii) The grades will be derived from scores in case of subjects of external examination. In case of subjects of internal assessment, they will be awarded by the schools. (iv) The passing marks in such subjects of external examination will be 33%. (ii) Letter grades on a nine point scale will be used. (iii) The grades will be derived from scores in case of subjects of external examination. In case of subjects of internal assessment, they will be awarded by the schools. (iv) The passing marks in such subjects of external examination will be 33%. However in a subject involving practical work, a candidate must obtain 33% marks in the theory and 25% marks in the practical and 33% in aggregate, in order to qualify in that subject. (a) For awarding the grades, the Board will put all the passed students in a rank order and will award grades as follows: a-l Top V1/8th of the passed candidates a-2 Next 1/8 th of the passed candidates b-l Next 1/8 th of the passed candidates b-2 Next 1/8 th of the passed candidates c-l Next 1/8th of the passed candidates c-2 Next 1/8th of the passed candidates d-l Next 1/8th of the passed candidates d-2 Next 1/8th of the passed candidates e Failed candidates minor variations in proportion of candidate to adjust ties will be made. (b)XXX (c)XXX (d)XXX39. XXX40. Scheme of examinations (Senior School Certificate Ex- aminations) xxx XXX40. 1 Pass criteria (Senior School Certificate Examination ). (i) A candidate will be eligible to get the pass certificate of the Board, if he gets a grade higher than E in all subjects of internal assessment unless he is exempted. Failing this, result of the external examination will be with-held but not for a period of more than one year. (ii) In order to be declared as having passed the examination, a candidate shall obtain a grade higher than E in all the five subjects of external examination. (iii) No overall division/distinction/aggregate will be awarded. (iv) In respect of a candidate offering additional subject, the following norms will be applied: (a) A language offered as additional subject may replace one of the languages in the event of a candidate failing in the same. (b) An elective subject offered as an additional subject may replace one of the elective subjects offered by the candidates. (c) Additional language offered at elective level may replace an elective subject provided after replacement, the number of languages offered shall not exceed two. 40. 2 Compartment in SSC Examination. (b) An elective subject offered as an additional subject may replace one of the elective subjects offered by the candidates. (c) Additional language offered at elective level may replace an elective subject provided after replacement, the number of languages offered shall not exceed two. 40. 2 Compartment in SSC Examination. A candidate failing in one of the five subjects of external examination shall be placed in compartment in that subject provided he qualifies in all the subjects of internal assessment. XXX XXX44. Improvement of performance. 44. 1 Senior School Certificate Examination. (i) A candidate who has passed the Senior School certificate Examination of the Board may improve his performance in one subject only at the all-India/delhi Senior School Certificate Examination at the compartmental examination. (ii) A candidate who has passed an examination of the Board may reappear for improvement of performance in one or more subject (s) in the main examination in the succeeding year, provided they have not pursued higher studies in the meantime. They shall appear as private candidates. Those reappearing for the whole examination may however appear as regular school candidates also if admitted by the school as regular students. (iii) For subjects involving practical work, in case the candidate has passed in practical at the main examination, he shall be allowed to appear in theory part only and marks in practical obtained at the main examination shall be car ried forward and accounted for at the com- partmental examination to be held in july/august. In case a candidate has failed in practical he shall have to appear in theory and practical both irrespective of the fact that he has already cleared the theory examination. Candidates appearing for improvement in a subject (s) involving practical work in the succeeding year (March/april) 'shall appear in theory only and marks in practical obtained at the main examination shall be carried forward and accounted for. (iv) Candidates who appear for improvement of performance will be issued only statement of marks reflecting the marks obtained at the improvement examination in the subject (s)". (iv) Candidates who appear for improvement of performance will be issued only statement of marks reflecting the marks obtained at the improvement examination in the subject (s)". ( 11 ) FROM the scheme of examination and pass criteria forall-India Senior School Certificate, as prescribed by the bye-laws, it is clear that the Board would conduct external examination, both in the theory as well as in the practicals for class XII; latter grades will be used in the marks sheet on a nine point scale; and the passing marks in the subjects of the external examination will be 33% and however in subjects involving practical work the candidate must obtain 33% in the theory and 25% in the practical and in the aggregate 33%; and, if the candidate has passed in practical and failed in theory, he shall be allowed to appear in theory only and marks obtained in practicals shall be carried forward and accounted at the compartmental examination. If the candidate has failed in practical, he shall appear both in the theory and in the practical irrespective of the result in the theory. The Bye-Law further prescribes that a candidate shall obtain a grade higher than E in all the five subjects of external examination and a candidate failing in one of the five subjects of external examination shall be placed in compartment in that subject provided he qualifies in all the subjects of internal assessment. ( 12 ) THE candidate seeking admission to I year B. D. S. shallpass two year Pre-University Examination conducted by karnataka Pre-University Education Board with Physics, chemistry and Biology as optional subjects or an equivalent examination wherein he has studied Physics, Chemistry and biology as optional subjects. The combined reading of regulations relating to admission to B. D. S. course and the bye-laws of Examination of C. B. S. C. , makes it obligatory for every applicant seeking admission to I year B. D. S. to have passed either two year Pre-University course conducted by the pre-University Board in Karnataka or S. S. C. E. conducted by c. B. S. E. with Physics, Chemistry and Biology as optionals. There is no dispute that the applicant should have passed in all the subjects to become eligible even though she has not secured 50% in each subject. There is no dispute that the applicant should have passed in all the subjects to become eligible even though she has not secured 50% in each subject. ( 13 ) THE documents such as Annexure-C, the marks sheetproduced by the petitioner clearly establishes that she has failed in Biology theory for having failed to obtain 33% of the marks and eligible to appear in theory part only at the next examination. In view of the clear provisions of Bye-laws and the regulations, the certificates issued by the Secretary of the c. B. S. E. are of no assistance to the petitioner. The petitioner having failed in one of the subjects is not eligible for admission to I year B. D. S. ( 14 ) THE learned Counsel for the petitioner further sought toplace reliance on the decision of a Division Bench of this Court in w. P. Nos. 9446 to 9448 of 1993 and connected petitions disposedof on April 7, 1994. The Division Bench considering the regulation relating to admission to Diploma in Pharmacy has held as follows:"it is very clear that what is intended by Regulation 3, is that students would be eligible for admission provided they produce certificate of having passed the Secondary School leaving Certificate Examination with Chemistry, Physics and Mathematics as 'subjects included in the examination'. Nowhere there is an emphasis that the students must pass all the three subjects, viz. , Chemistry, Physics and Mathematics, before ge'tting themselves as pass students. The stand taken by the Board of Examining Authority of D' pharma examination is therefore untenable and cannot be accepted". That, in the aforesaid writ petitions, the Division Bench was considering the purport and intent of Regulation 3 of the Regulations relating to admission to D' Pharma course. In the instant case we are concerned with Regulations relating to admission to i year B. D. S. course, which though different in form, is similar in substance. From both the regulations, it is apparent that the candidates must pass the qualifying examination with the prescribed optionals. It is elementary principle that, to pass an examination the student shall obtain the prescribed minimum marks in each subject and if the candidate fails to secure the prescribed minimum marks in each subject he would be declared failed and a candidate declared failed is not eligible to seek admission to higher class. It is elementary principle that, to pass an examination the student shall obtain the prescribed minimum marks in each subject and if the candidate fails to secure the prescribed minimum marks in each subject he would be declared failed and a candidate declared failed is not eligible to seek admission to higher class. In this view of the matter even though we respectfully disagree with the view expressed by the Division bench in the aforesaid cases that, "nowhere there is an emphasis that the student must pass all the three subjects", we are of the view that the regulations relating to admission to B. D. S. course prescribes that the applicant must have passed the qualifying examination. The regulation commencing with the expression, "if he has passed two year Pre-University Examination conducted by the Pre-University Board of State of Karnataka with physics, Chemistry and Biology as optional subjects" makes it abundantly clear that the student seeking admission to B. D. S. course must have passed all the three subjects. If the student fails to obtain the minimum marks in each subject, he would be declared failed and thus he would not be eligible for admission to b. D. S, ( 15 ) IT was contended by Sri Gangi Reddy, the learned Counselappearing for the 2nd respondent that the Regulation merely provides for study of Physics, Chemistry and Biology as additional subjects and it does not require that the candidate should pass all the three subjects. In view of the scheme of examination, the contention of Sri Gangi Reddy deserved to be rejected as without any substance. It is elementary rule that at each examination, the student appearing for such examination shall obtain the minimum marks prescribed for each subject, by the authority for being declared as passed. If the student fails to secure minimum marks prescribed in each of the subjects, he would he declared failed. The candidate who has not passed two year Pre-University Examination in the aforesaid subjects, is not eligible for admission to B. D. S. course. Similarly if the petitioner has not passed All-India Senior School Certificate Examination, it is not possible to hold that she has passed the examination equivalent to that of two year Pre-University Examination conducted by the Karnataka Pre-University Education Board. Similarly if the petitioner has not passed All-India Senior School Certificate Examination, it is not possible to hold that she has passed the examination equivalent to that of two year Pre-University Examination conducted by the Karnataka Pre-University Education Board. The statement of marks issued by the Central Board of secondary Education, clearly indicates that the petitioner has failed in Biology theory, one of the optional subjects prescribed at the qualifying examination. That, according to the Bye-laws of c. B. S. E. , the petitioner is entitled to take the theory paper at the next examination, if she has passed in the practicals. We, therefore, make it clear that if a student is declared to have failed in any one of the optional subjects at the qualifying examination leading to any professional course, the mere issue of a marks card as passed for a different reason, would not render such student eligible for admission to any professional course. Similarly the petitioner having failed in Biology theory one of the optional subjects prescribed, is not eligible for admission to I yearb. D. S. course. ( 16 ) IT is admitted that the petitioner has completed her coursesuccessfully having joined the college in the year 1988. In view of the various decisions of the Supreme Court set out by the learned Single Judge in his order, we do not think it is just and proper to disturb the admission of the petitioner to the B. D. S. course at this distance of time. ( 17 ) FOR the reasons aforesaid, this appeal is allowed and the impugned order dated April 2nd, 1992 passed by the learned single Judge in W. P. No. 21280 of 1991 (P. K. Asha v Bangalore university and Others1) is set aside and the writ petition stands dismissed. However in view of the fact that the petitioner has completed her B. D. S. course successfully, neither the admission of the petitioner to the I year B. D. S. course nor the degree secured by her after completing the course is disturbed by this order. In the circumstances of the case, the parties to bear their own costs. --- *** --- .