H. RANGAVITTALACHAR, J. ( 1 ) THE petitioner who had secured 58. 16% of marks in the C. B. S. E. examination (All India Senior School Certificate Examination, 2002) got admitted to the First Year B. D. S. Course in the Bangalore Institute of dental Sciences and Hospital, respondent 2 herein, for the academic year 2002-03. When the college sent the list of students admitted by it for approval of admission to the Rajiv Gandhi University of Health sciences, the University by its letter dated 3-7-2003 addressed to the principal of the College, has refused to approve the admission of the petitioner. He ordered for discharging the candidate on the ground that the petitioner was not eligible for admission inasmuch as she had failed in theory paper of Physics. This communication is questioned in this writ petition. ( 2 ) IN the scheme of C. B. S. E. examination, though a student may opt to study more subjects than five, he should 'pass' in any of the 5 subjects of his study, to be eligible to be declared as 'passed'. In this case, the petitioner had opted to study nine subjects as shown in the marks card at Annexure-A. She has secured 66 marks in English; 76 in Malayalam (Elective); 35 in Mathematics; 51 in Chemistry; 77 in Biology and 44 in physics. While in the other subjects she has failed. A certificate at Annexure-A1 issued by the C. B. S. E. has declared her as having passed the c. B. S. E. examination. ( 3 ) THERE is no dispute that "passing" of C. B. S. E. examination is equivalent to a pass in P. U. C. of the Karnataka State. A student who has passed C B. S. E. examination is also eligible for admission to the b. D. S. Course But, the contention of the University is that in order to become eligible for admission to the B. D. S. Course as per the revised order issued by the University for the academic year 2002-03, a candidate should have obtained not less than 50% of the aggregate marks in english, Physics, Chemistry and Biology, all taken together, besides, she should have also passed in the said subjects also. Since the petitioner has failed in the theory paper of 'physics', she is not eligible. Since the petitioner has failed in the theory paper of 'physics', she is not eligible. ( 4 ) THE marks card at Annexure-A produced by the petitioner shows that she has secured 16 marks in (Physics) theory; 28 in practicals, the sum total of which is 44 marks, and if the marks of both the theory and practicals taken together, petitioner is to be declared as having passed in the 'physics' subject. According to the learned Counsel for the University, the marks obtained by the student in the practical examination should be discounted for the purpose of declaring results. There is no merit in his contention. ( 5 ) THE learned Single Judge of this Court in the case of Jolly Daniel v bangalore University and Others, while considering an identical question has held at para 22 which reads thus:"the Regulations framed by the Academic Council of the university which has obtained the assent of the Chancellor cannot be modified by other University function tries by issuing guidelines or clarifications. Since the petitioner has passed the qualifying examination, namely, the All India Senior School certificate Examination of 1990 having secured more than 50% marks, in terms of the Regulations she was eligible for admission to the first year M. B. B. S. Course for the academic year 1990-91. There is nothing in the Regulations, which I have reproduced above, which enjoins that the candidate should have secured, minimum marks, separately, in theory and practicals of the subject Physics for being eligible for admission to the First Year m. B. B. S. Course". The C. B. S. E. Regulations which has been made available to the Court today by the University, does not indicate contra to the decision. ( 6 ) IN the light of the discussions, the petitioner should be declared as having passed in the Physics subject also, and the objection of the University holding that the petitioner is not eligible, cannot be sustained. ( 7 ) IN the result, this writ petition is allowed. The communication at annexure-D insofar as it relates to the petitioner is quashed. The respondents are directed to approve the admission of the petitioner and permit her to prosecute the studies in accordance with law; --- *** --- .