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2000 DIGILAW 887 (PAT)

Punita Singh v. State Of Bihar

2000-07-19

NAGENDRA RAI

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Judgment 1. The petitioner has filed this writ application for a direction to the respondent Jay Prakash University, Saran, Chapra, to permit her to appear at the final examination of M.Sc. (Chemistry) commencing from 14.7.2000. 2. The facts necessary for disposal of the present writ application are that the petitioner passed B.Sc. examination in First Division from Allahabad University in 1993. Thereafter, she got herself admitted in Rajendra College, Chapra, within Jay Prakash University in M.Sc. (Chemistry) and has completed the classes and she also deposited the examination fee. How ever, the Admit Card was not issued to her on the ground that her admission itself was against the Statutes framed by the University, according to which, only the students of B.Sc. (Hons) are eligible to be admitted in M.Sc. course. 3. Learned counsel for the petitioner did not dispute the fact that the B.Sc. (Hons.) is the educational qualification for admission to M.Sc. course in the University in question. 4. Learned counsel for the University drew my attention to the letter dated 14.9.1993, issued under the signature of the Dean, Students Welfare, informing that the B.A./B.Sc/B.Com. Honours is the educational qualification for admission to the Master Degree Course. 5. Thus, it is an admitted position that the petitioner was not eligible to be admitted in the M.Sc. course (Chemistry). However, she was admitted in the M.Sc. course (Chemistry) and this could have been done with the active connivance of the Principal of the College. 6. The question as to whether the degree of any other University is equivalent to the degree of the University in question where the admission is to be taken, has to be decided by the University itself and the court cannot decide as to whether the same is equivalent or not. In this connection, reference may be had of a decision of the Apex Court in the case of Rajendra Prasad Mathur V/s. Karnataka University, reported in A.I.R. 1986 S.C. 1448. Thus, there is no difficulty in holding that the writ petitioner has been wrongly admitted in M.Sc. course (Chemistry). As the University has issued a show-cause notice against the Principal of the College in question, I am not expressing any final opinion, but I am constrained to observe that the admission of the petitioner could not have been taken without the knowledge of the Principal of the College concerned. 7. course (Chemistry). As the University has issued a show-cause notice against the Principal of the College in question, I am not expressing any final opinion, but I am constrained to observe that the admission of the petitioner could not have been taken without the knowledge of the Principal of the College concerned. 7. The next question for determination in this case is as what is to be done in this case. The fact remains that the petitioner has completed the course. If at this stage, her candidature for admission in M.Sc. course (Chemistry) is cancelled then that will cause immense hardship and injustice to the petitioner. As stated above, the College authority allowed the petitioner to complete the course and now she has completed the course. 8. In a similar situation in the case of Rajendra Prasad Mathur (supra), the Apex Court having found that the candidates were not eligible for admission, allowed them to continue their study and they have completed the course. 9. Taking into consideration the peculiar facts of this case, I am of the view that the petitioner should be treated to have completed her M.Sc. course (Chemistry) and as such she is eligible to appear in the examination. As the examination has already commenced with effect from 14.7.2000, no direction can be given for her appearance in the present examination. However, in the subsequent examination, she may be allowed to appear. 10. With the aforesaid direction/observation, this writ application stands disposed of.