ARUN TANDON, J. ( 1 ) HEARD Sri A. N. Srivastava, learned counsel for the petitioner and Sri V. K. Upadhyaya, learned counsel for the respondents. It is not necessary to call for counter affidavit from the respondents in view of the order proposed to be passed by this Court in the present writ petition. ( 2 ) THE Executive Council of Banaras Hindu University, Varanasi, which is a Central University constituted under the Banaras Hindu University Act has framed rules/ordinances for admission to various courses including the course of the Ph. D. For admission to Ph. D. Course an entrance examination, which is commonly known as Research Entrance Test (RET) is held by the university. Under the aforesaid rules so framed by the Executive Council of the University in item mentioned at serial No. 14 with heading Registration, it is provided as follows: i " (i) Registration of the successful candidates to Ph. D. Courses will be made strictly in order of merit based on the aggregate of the marks secured by the candidates in the respective Entrance tests. Minimum Qualifying Marks are 40% in the Entrance Test. The University reserves the right to modify the minimum qualifying marks in the Entrance Text (ii) In the case of candidates securing equal marks in the Entrance Test, their inter-se ranking shall be determined on the basis of the following: (a) The aggregate percentage of marks obtained by the candidate at the qualifying examination. (b) If the marks at the above examination are also equal, the aggregate percentage of marks obtained at B. Sc. (Ag ). (c) If the marks at the above (b) examination also happen to be the same, then the candidate senior in age shall be given preference. Originally the successful candidates shall be registered in the first semester of the academic year, in order of merit. However, in the event of seats remaining vacant after the close of registration in the first semester candidates may also be registered in the second semester of the academic year from among the successful candidates of the entrance examination. " ( 3 ) IN view of the aforesaid statutory provisions a candidate Having less than 40% marks in entrance examination is not entitled to be admitted, however the University has a right to modify the minimum qualifying marks in the test for the purposes of admission. " ( 3 ) IN view of the aforesaid statutory provisions a candidate Having less than 40% marks in entrance examination is not entitled to be admitted, however the University has a right to modify the minimum qualifying marks in the test for the purposes of admission. It is an undisputed fact that in the entrance examination conducted by the University for registration as a candidate in ph. D. Course in the Animal Husbandry and Dairying, Institute of Agriculture Science for the academic session 2004-05, all of the candidates including the petitioners, who had appeared in entrance examination secured less than 40% marks. ( 4 ) IN the circumstances the Department of Animal Husbandry and Dairying, Institute of agriculture Science, Banaras Hindu University vide letter dated 27th July, 2004 made a representation to the Controller of Examination to permit the department to fill-up the vacant seats in order of merit based on aggregate of the marks secured by the candidates in the Entrance test examination after modifying the minimum qualifying percentage of marks for the general category candidates also. The said request of the Department of Animal Husbandry and dairying, Institute of Agriculture Science was turned down by the Controller of Examination of the University as no relaxation in the minimum qualifying percentage has permitted. In view of the aforesaid the petitioners have been refused admission/registration to Ph. D. Course. ( 5 ) ON behalf of the petitioners, it is contended that the decision of the University to refuse the admission to the petitioners in Ph. D. Course as aforesaid is illegal inasmuch as in view of the statute 5. 1 of the ordinances of the Banaras Hindu University, Varanasi, the recommendations of the Department Research Committee is binding upon the University-authorities and, therefore, in view of the letter of the Department of Animal Husbandry and Dairying, Institute of Agriculture science dated 27th July, 2004, the controller of examination was under obligation to grant permission for relaxation of percentage of minimum qualifying marks for admission to the Ph. D. Course in respect of general candidates also. ( 6 ) THE contention raised on behalf of the petitioner is totally misconceived and is based on misreading of Ordinance 5. 1. For ready reference the Ordinance 5. D. Course in respect of general candidates also. ( 6 ) THE contention raised on behalf of the petitioner is totally misconceived and is based on misreading of Ordinance 5. 1. For ready reference the Ordinance 5. 1 as quoted by the petitioner in paragraph 20 of the writ petition reads as follows: " Each DRC shall send a copy of the minutes along with the application of the candidates, on a prescribed proforma, to the office of the concerned Dean/director, which shall issue letters of admission to the candidates recommended by the DRC after proper scrutiny with copies to the concerned Head of Department and the Supervisor. " (i) From the aforesaid ordinances, it is apparently clear that the same pertains to the issuance of letter of admission to the candidates recommended by the DRC, the said statute has absolutely no application qua relaxation of the minimum qualifying marks as contemplated by the rules referred to above, specifically under Clause 14 pertaining to registration, reproduced above. ( 7 ) FROM the aforesaid Clause, it cannot be disputed that the power to modify the minimum qualifying marks in the entrance test is with the University only. ( 8 ) SRI Upadhyaya, learned Counsel for the University has stated that the said proposal of department of Animal Husbandry and Dairying, Institute of Agriculture Science has not been accepted by the University. Since the University has turned down the, proposal of the department Research Committee as has been noticed hereinabove, no case is made out by the petitioner for interference under Article 226 of the Constitution of India. ( 9 ) THE writ petition is devoid of merits and is, accordingly dismissed. No order as to cost. . .