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2007 DIGILAW 133 (KAR)

B. C. MALLIKARJUNA v. REGISTRAR, GULBARGA UNIVERSITY

2007-02-27

B.S.PATIL, CYRIAC JOSEPH

body2007
JUDGMENT Cyriac Joseph, C.J. (Oral): These writ appeals are filed against a common judgment in W.P. Nos. 25194 of 2005 and 29 of 2006 which were dismissed by the learned Single Judge. The appellant in the writ appeals is the petitioner in the writ petitions. 2. The appellant was admitted to M.Sc. (Industrial Chemistry) Course on 4-7-2005 at Post-graduate Centre of the Gulbarga University at Bellary. M.Sc. (Industrial Chemistry) is a two years (4 Semesters) Course. Even though the appellant was admitted to the 1st semester on 4-7-2005, he was not issued hall ticket to appear in the 1st semester examination. Hence, he filed W.P. No. 25194 of 2005 praying for a direction to the respondents to permit him to appeal in the examination scheduled to commence from 24-11-2005. By an interim order passed in the said writ petition, the respondents were directed to permit the appellant to appear in the 1st semester examination and accordingly he was permitted to appear in the examination. However, the results of the 1st semester examination were not declared in view of the pendency of the writ petition. When the appellant was not admitted to the 2nd semester, he filed W.P. No. 29 of 2006 praying for a direction to the respondents to admit him to the 2nd semester. On the basis of an interim order passed in the said writ petition on 6-1-2006, the appellant was admitted to the 2nd semester examination. The respondents also permitted him to appear in the 2nd semester examination. 3. The respondents contested the writ petitions by filing statement of objections. The respondents contended that the provisional admission of the appellant to the 1st semester of the M.Sc. (Industrial Chemistry) Course was irregular as he was not eligible for admission. According to the respondents, even though the appellant secured 50% marks in the concerned/cognate subject i.e., Chemistry in all the three years of the degree course, he did not secure 50% marks in aggregate for all the subjects. The respondents placed reliance on the eligibility conditions mentioned in Annexure-D, Instructions to Candidates' - Eligibility Rules for Admission to Various Post-graduate Courses. 4. The learned Single Judge accepted the interpretation given by the respondents to the eligibility conditions and held that the appellant was not eligible for admission. Consequently, the writ petitions were dismissed and the interim orders were vacated. 5. 4. The learned Single Judge accepted the interpretation given by the respondents to the eligibility conditions and held that the appellant was not eligible for admission. Consequently, the writ petitions were dismissed and the interim orders were vacated. 5. While· admitting W.A No. 1103 of 2006 on 11-8-2006, an interim order was passed directing the respondents to provisionally admit the appellant to the 3rd semester of the M.Sc. (Industrial Chemistry) Course subject to further orders in the case. By another interim order dated 22-11-2006, the respondents were directed to permit the appellant to appear in 3rd semester examination. However, it was also directed that the respondents need not declare the results in the case of the appellant until further orders. 6. Thus, on the basis of the interim orders passed in the writ petitions and the writ appeals, the appellant has completed the course of 1st, 2nd and 3rd semesters and has appeared in the examinations of the 1st, 2nd and 3rd semesters. However, the results of the examinations have not been declared in the case of the appellant. 7. The dispute in this case centres around the interpretation to be given to the eligibility conditions mentioned in Annexure-D, clause (1)(i), which reads thus: "A candidate who has passed RA Degree/B.Sc. Degree Examination of this University or of any other University recognized as equivalent there to shall be eligible for admission to the first semester of these courses provided he/she has studied the concerned/cognate subject at the RA/B.Sc. degree course with at least 50% of the marks in the concerned/cognate subject and also in aggregate in all three years of Bachelor's degree course. However, SC/ST and Category 1, candidate should have secured at least 45% marks in the concerned/cognate subject and also in aggregate in all three years of Bachelor's degree course". The above paragraph contained in Annexure-D, Instructions to Candidates is exact reproduction of Regulation 5(a) of Regulations for the Semester System in M.Sc./M.Tech./M.A(Maths)/M.A Statistics in Faculty of Science and Technology. 8. According to the respondents, the candidate should secure at least 50% marks not only in the concerned/cognate subject but also in all the subjects in aggregate. However, what is said in the eligibility condition for admission is that the candidate should have studied the concerned/cognate subject at the BA/B.Sc. 8. According to the respondents, the candidate should secure at least 50% marks not only in the concerned/cognate subject but also in all the subjects in aggregate. However, what is said in the eligibility condition for admission is that the candidate should have studied the concerned/cognate subject at the BA/B.Sc. degree course with at least 50% of the marks in the concerned/cognate subject and also in aggregate in all three years of Bachelor degree course. This can only mean that the candidate should have secured at least 50% marks in the concerned/cognate subject in final year examination and also in aggregate for all the years of the Bachelor's degree course. It is not stated in the condition that the candidate should secure at least 50% marks in the concerned/cognate subject and also in aggregate in all the subjects of the Bachelor's degree course. In the absence of reference to all the subjects in the eligibility condition, the only way to understand the above mentioned clause is that the candidate should obtain 50% marks for the concerned/cognate subject in the final year examination and also 50% marks in aggregate for the said subject in all the years of the Bachelor's degree course. Admittedly, the appellant has secured 50% marks for Chemistry in the final year RSc. examination. He has also secured 50% marks when the marks obtained for Chemistry in all the three years are considered in aggregate. Therefore, the appellant was eligible for admission to the M.Sc. Course. 9. Even assuming that there is some ambiguity or lack of clarity with regard to the provision in the Regulation or the clause in the Instructions to candidates, we should accept the interpretation which is beneficial to the student and not to the University which admitted him to the course without any misrepresentation on his part. 10. Therefore, the appellant is entitled to succeed. The judgment of the learned Single Judge is set aside. The writ petitions stand allowed. The admission of the appellant to the 1st semester and the 2nd semester will be treated as regular. The respondents shall value the answer scripts and declare the results of the examinations immediately. 10. Therefore, the appellant is entitled to succeed. The judgment of the learned Single Judge is set aside. The writ petitions stand allowed. The admission of the appellant to the 1st semester and the 2nd semester will be treated as regular. The respondents shall value the answer scripts and declare the results of the examinations immediately. On the basis of the marks obtained in the 1st and 2nd semester examinations, if the appellant is eligible for admission to the 3rd semester, his admission to the 3rd semester also shall be treated as regular and the results of the 3rd semester examination shall be declared. If he has not obtained the marks required under Regulation 10.3, he may have to repeat the 3rd semester course. Pending declaration of the results as stated above, the appellant shall be provisionally admitted to the 4th semester course. Based on the marks obtained in the 1st, 2nd and 3rd semester examinations, if he is eligible for admission to the 4th semester course under Regulation 10.4, his admission to the 4th semester shall also be treated as regular. Otherwise, he will have to repeat the semesters and qualify for admission to the 4th semester as per the Regulations. 11. The writ appeals are allowed in the above terms.