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1998 DIGILAW 295 (ORI)

VANI APARNA v. PRINCIPAL, RAVENSHAW COLLEGE

1998-08-27

P.C.NAIK, P.K.MOHANTY

body1998
P. C. NAIK, J. ( 1 ) THE petitioner has approached this Court for issuance of an appreciate writ, direction or order declaring that the +3 degree awarded to the petitioner by Osmania University, Hyderabad be treated as equivalent to B. Sc. (Hons) degree of Utkal University and accordingly, she be declared eligible to obtain admission in P. C. course of Botany Department in Ravenshaw College, Cuttack. Her alternative prayer is to declare her eligible for admission against the seats reserved for outside candidates. ( 2 ) THE facts giving rise to this petition may be hereinafter stated thus :the petitioner was a regular student of Osmania University of Andhra Pradesh who, on successfully completing the graduation course was conferred a degree of B. Sc. (Pass ). The subjects in which she was examined were Chemistry, Botany and Zoology (in short 'cbz' ). It is the petitioner's case that on coming to Cuttack she had applied for admission to the P. G. Department of Botany both in Revenshaw College, Cuttack and also in the Utkal University. But, as she was not considered eligible for admission at the Utkal University, she had approaches this Court in OJC No. 10482 of 1996 wherein opp. parties 3 and 4 were directed to get a report from the Equivalence Committee under the Utkal University on a specific point as to whether a Botany pass student of B. Sc. (Pass) course of Osmania University is equal to B. Sc. (Hons) course of Utkal University. Accordingly, the Equivalence Committee considered the matter and submitted a report the conclusion arrived wherein runs thus :". . . . . . THE Committee decided that the B. Sc. course in Botany of Osmania University is clearly of a lower standard than B. Sc. (Hons) course in Botany of Utkal University. The question of equivalence of the former with the latter does not arise. "the petitioner was also not held eligible for admission to P. G. course in Botany in Ravenshaw College, Cuttack which led to the filing of the present writ petition. ( 3 ) THE claim is resisted by opp. parties 1 and 2, inter alia, on the ground that as the petitioner is not a holder of B. Sc. "the petitioner was also not held eligible for admission to P. G. course in Botany in Ravenshaw College, Cuttack which led to the filing of the present writ petition. ( 3 ) THE claim is resisted by opp. parties 1 and 2, inter alia, on the ground that as the petitioner is not a holder of B. Sc. (Hons) degree, she could not be considered eligible for admission under the first, second or Third category laid down in the Principles of Admission into Post Graduate Classes and as such, her application was rightly not considered. It is also their case that there is no reservation for outside students, but what is provided is that the number of students from outside Orissa to any class shall not exceed five per cent of the sanctioned seats of the classes. According to these opp. parties, this clause is in the nature of restriction and not of reservation. ( 4 ) THE claim of the petitioner is also resisted by opp. parties 3 and 4 on the ground that B. Sc. (Pass) degree cannot be treated as equivalent to B. Sc. (Hons) degree so as to entitle the petitioner to take admission under the first category. It is further contended that Ravenshaw College is an autonomous college and has authority to decide and frame its own independent admission policy and to lay down eligibility criteria, and as the petitioner did not fall under the first category, the authorities were justified in turning down her application. ( 5 ) BEFORE proceeding further, it would be relevant to refer to the relevant clauses of the Principles of Admission into Post Graduate Clauses of M. A. , M. Sc. and M. Com. contained in admission Information issued by the Revanshaw College, Cuttack which read thus :"t. Admission of Candidates from outside the State of Orissa : (i) The number of students admitted from outside Orissa to any class shall not exceed five per cent of the total number of sanctioned seats of the Classes subject to a maximum of one per cent of total seats for candidates of a given State of Indian Union. xx xx xxl. Principles of Admission into Post Graduate Classes (M. A. /m. Sc. /m. Com.) :xxxxxxxxxx (ii) (a) First Category : First Class Honours (60 per cent or above in the subject) (b) Second Category : Second Class Honours in the subject. xx xx xxl. Principles of Admission into Post Graduate Classes (M. A. /m. Sc. /m. Com.) :xxxxxxxxxx (ii) (a) First Category : First Class Honours (60 per cent or above in the subject) (b) Second Category : Second Class Honours in the subject. (c) Third Category : The candidates failing to secure Honours by 5 per cent irrespective of faculty, i. e. securing 40 per cent in the subject. xxxxxx xx"accordingly to the petitioner she had passed +3 degree course in June, 1996 in First Division having secured 1357 marks out of 1800 marks which comes to 75. 3% marks in the said examination, and as she secured more than 60 per cent of marks and the subjects taught to her in B. Sc. degree course are more or less similar to what is being taught in Honours course in Utkal University, she ought to have been held eligible for admission under the first category. It is her further case that in the course she underwent, she was examined for 1800 marks in CBZ group whereas the students appearing for Honours course of Ravenshaw College, are examined for maximum 1600 marks. Thus, according to her, she was examined for more than the maximum marks prescribed by the Utkal University and therefore, she ought to have been equated with an Honours student as she was examined for 400 marks in Theory and 200 marks in practical in each of the Science papers, while in Revenshaw College, the students taking any of the subject in CBZ group as Honours subject, are examined for 1600 marks out of which 800 is for Honours subject and 400 each for other two pass subjects. In Honours subject, a student has 500 marks in theory paper and 300 marks in practical while as a student under Osmania University she had 400 marks in theory and 200 marks in practical. That apart, it is her case that as she had also been examined in Indian heritage, culture and Science and Civilization in her +3 pass course, wrongly she was not awarded Honours degree of the Utkal University. ( 6 ) ACCORDING to opp. That apart, it is her case that as she had also been examined in Indian heritage, culture and Science and Civilization in her +3 pass course, wrongly she was not awarded Honours degree of the Utkal University. ( 6 ) ACCORDING to opp. parties 1 and 2, the students appearing in +3 Science examination under Utkal University and other Universities of Orissa are required to offer three subjects and if they are selected to get honours, one of these three subjects is allotted as honours subject which consists of ten papers having 800 marks and each pass subject consists of five papers having 400 marks. Thus, a student selected for honours course is required to be examined in ten papers in the honours subject and five papers in each of the two pass subjects. Selection for admission into P. G. class of the Ravenshaw College is made on the basis of marks secured by the candidate out of total 800 marks in Honours subject. It is also their case that the degree examination conducted by other Universities is recognised by the Utkal University as equivalent to its degree examination and accordingly, those students who have passed degree examination from other Universities are recognised as equivalent as degree examination of Utkal University and are considered for admission according to the merit into P. G. course of the affiliated colleges of Utkal University. In view of the fact that the petitioner did not have any honours subject and that the report of the Equivalence Committee of the Utkal University has not recognised +3 pass degree course of Osmania University to be equivalent to honours degree examination of Utkal University, the petitioner could not be considered for admission under the first, second and third category. As she has a pass degree, she was considered along with other students having pass degree under the fourth category, but could not be admitted. ( 7 ) IT is the case of opp. parties 1 and 2 that Clause of the Admission Information simply prescribes the maximum number for outside students that can be admitted. As she has a pass degree, she was considered along with other students having pass degree under the fourth category, but could not be admitted. ( 7 ) IT is the case of opp. parties 1 and 2 that Clause of the Admission Information simply prescribes the maximum number for outside students that can be admitted. The maximum number of seats in P. G. Classes of Botany Department is 48 and accordingly, not more than two seats can be given to outside students who are to be selected on merits and in case there are more than two outside students in the merit list; the first two outside students will be selected. ( 8 ) IN her additional affidavit, the petitioner has annexed the Pre-degree detailed syllabus for Botany (Hons) of Utkal University and has submitted that except a few topics, the syllabus for pass-degree course of Osmania University is more or less similar. Thus, according to her, it would go to show that as B. Sc. pass degree course of Osmania University is similar to B. Sc. (Hons) course of Utkal University, she ought to have been treated as such. ( 9 ) ADMITTEDLY, in accordance with the contentions raised in the earlier writ petition, the matter has been considered by the Equivalence Committee of Utkal University which has come to the conclusion that B. Sc. pass degree course of Osmania University is not equivalent to the B. Sc. (Hons) degree course of Utkal University. Thus, the matter has been considered by the equivalence committee which is entrusted with the job of considering whether one degree/course is equivalent to the other. After due consideration, it has given its report that the two are different. This Court is not sitting in appeal over the decision of the equivalence committee. Its jurisdiction is to see whether or not the matter has been considered in its proper perspective and the decision has been arrived at without any bias or malice. We do not find anything to indicate that the decision had not been reasonably arrived at or it suffers from non-application of mind or any other infirmity. Indeed, it is also not the petitioner's case that the decision arrived at suffers from non-application of mind or is the result of bias or malice. We do not find anything to indicate that the decision had not been reasonably arrived at or it suffers from non-application of mind or any other infirmity. Indeed, it is also not the petitioner's case that the decision arrived at suffers from non-application of mind or is the result of bias or malice. In this view of the matter, the decision arrived at by a body of experts which was specially constituted to consider equivalency of one course with other, has to be accepted. As the aforesaid decision is by the experts it would not be proper for this Court to substitute the same by its opinion in such matter. In other words, such matters should be best left to be decided by the expert committee and the Courts should not venture to overcome the decision of the experts and evaluate whether the pass-degree of one University is equivalent to Honours degree of another. Therefore, the claim of the petitioner that B. Sc. pass degree of Osmania University is equivalent to B. Sc. (Hons) degree of Utkal University needs to be and is, accordingly, negatived. ( 10 ) IN this view of the matter, the petitioner could not claim admission under the first, second or third category and her case could only be considered under the fourth category under which the students who do not fall under the first, second or third category including the pass students are to be considered on the basis of aggregate marks plus marks in the subjects. Therefore, the petitioner's claim was rightly considered under the fourth category. ( 11 ) THE contention of the petitioner that she should have been admitted against the quota for outside Orissa students, is also not correct. It is rightly contended by opp. parties 1 and 2 that Clause 2 does not provide any reservation but on the contrary restricts entry of outside students to five per cent. That apart, they can only be selected if they come within the merit list. Admittedly, the petitioner's and according to the opp. parties, not being in the first, second or third category, did not find place in the merit list and as such, the question of her being considered for admission could not arise. ( 12 ) FOR the reasons aforesaid, the writ petition stands dismissed. There shall be no order as to costs. P. K. MOHANTY, J. :- I agree. parties, not being in the first, second or third category, did not find place in the merit list and as such, the question of her being considered for admission could not arise. ( 12 ) FOR the reasons aforesaid, the writ petition stands dismissed. There shall be no order as to costs. P. K. MOHANTY, J. :- I agree. Petition dismissed. .