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Allahabad High Court · body

2007 DIGILAW 2874 (ALL)

PRADEEP KUMAR SRIVASTAVA v. UNION OF INDIA

2007-11-29

RAJES KUMAR

body2007
RAJES KUMAR, J. ( 1 ) BY means of present petition, the petitioner is seeking a direction in the nature of mandamusto the respondents to grant admission to the petitioner in M. A. Course Mass Communication, 2007. ( 2 ) HEARD Sri Amit Sthalekar, learned Counsel for the petitioner and Sri A. B. L. Gaur, learned Senior Advocate, appearing on behalf of opposite party Nos. 1,2,3 and 4. ( 3 ) LEARNED Counsel for the petitioner submitted that the petitioner has passed the examination of B. Com. in the year 2004 and in continuation of the session 2004-05 the petitioner qualified entrance examination of LL. B. Course recognized by the University of Allahabad and took admission in C. M. P. Degree College as a LL. B. student in the academic year 2004-05. The course of bachelor of law was three years. The petitioner successfully passed final examination of the LL. B. for the academic session 2006-07 in the year 2007, the result of which was declared on 29. 6. 2007. Thereafter the petitioner applied for the entrance examination of M. A. Course in Mass Communication. After the scrutiny of the entrance application, the petitioner was allowed to appear in the entrance examination, the admit card was released. The petitioner appeared in the entrance examination. The petitioner secured 136 marks out of 200 which is cut off marks for admission in general category. He submitted that there were 30 seats and the petitioner position was thirtieth. Despite the aforesaid position, the petitioner has not been given admission. ( 4 ) ON behalf of University counter affidavit has been filed. ( 5 ) SRI A. B. L. Gaur, learned Senior Advocate, for the University submitted that as per Clause 2. 5. 1 of the brochure, which is Annexure-5 to the writ petition, preference was given to the fresh graduate i. e. (graduates who have passed the qualifying graduate examination for the immediately preceding academic year) over graduates of earlier years and since the petitioner was not fresh graduate but was the second graduate, therefore, the petitioner has not been considered for admission. He submitted that the qualifying graduate examination was the B. Com. which the petitioner has passed in 2004 and became qualified for the admission in M. A. Course Mass Communication. He submitted that under Clause 1. 5. He submitted that the qualifying graduate examination was the B. Com. which the petitioner has passed in 2004 and became qualified for the admission in M. A. Course Mass Communication. He submitted that under Clause 1. 5. 13 for the admission to the M. A. in Mass Communication, the graduates of all subjects are eligible which no doubt includes law graduates who are fresh graduates i. e. those who have passed 5 years course of law after the Intermediate and has not qualified the graduate examination earlier and in this view of the matter, the petitioner was not admitted. ( 6 ) LEARNED Counsel for the petitioner further submitted that as per Clause 1. 2. 13 of the brochure for admission in M. A. in Mass Communication, the graduates of all subjects are eligible which includes law graduates. He submitted that under Clause 2. 5. 1 the preference was given to the fresh graduates and there is nothing to suggest that fresh graduate means first graduate. He submitted that the fresh graduate means the person who has immediately in the preceding academic year has passed the graduate examination. He submitted that the petitioner since has passed the LL. B. examination in 2007 immediately preceding the academic year and undoubtedly LL. B. examination is the graduate examination, the petitioner is entitled for the admission in M. A. Mass Communication. ( 7 ) HEARD learned Counsel for the parties and perused the record. ( 8 ) THE relevant clauses of the brochure necessary for the adjudication of the issue read as follows:- "1. 2 Eligibility.-Candidates who have passed the Qualifying Graduate Examination i. e. the B. A. /b. Sc. /b. Com. (Three-year Degree Qpurse) Examination of the University of Allahabad or of a - University/institution recognized in this regard by the UGC, or an Examination recognized by the University of Allahabad as equivalent thereto, or the B. A. /b. Sc. /b. Com. (Honours) Examination, are eligible to appear for the M. A. /m. Com. /m. Sc. Admission Test (PGAT 2007) subject to the further provisions regarding Eligibility given in -the following subparagraphs (1. 2. 1 to 1. 2. 8) and subject also to the provisions of paragraph 1. 6. Candidates who have passed the Two-year Degree Course Examination in or before 1987 are also eligible. /m. Sc. Admission Test (PGAT 2007) subject to the further provisions regarding Eligibility given in -the following subparagraphs (1. 2. 1 to 1. 2. 8) and subject also to the provisions of paragraph 1. 6. Candidates who have passed the Two-year Degree Course Examination in or before 1987 are also eligible. Candidates who have passed the Two-year Degree Course Examination in or after 1988 must have cleared the Bridge Course Examination in the relevant Subject/course to be eligible. The eligibility requirements for the separate Admission Tests for M. A. /m. Sc. In Anthropology, M. Sc. in Bio-Chemistry, M. Sc. in Agricultural Sciences, M. Mus. and M. A. Mass Communication are given in sub-paragraphs 1. 2. 9 to 1. 2. 13. 1. 2. 13 For admission to M. A. in Mass Communication, the Graduates of all subjects are eligible. 1. 3 Appearance in the Admission Test: Every candidate (other than candidates exempted from the Admission Test under paragraph 1. 5) who fulfills the Eligibility criteria, under paragraph 1. 2 and its sub-paragraphs, is required to appear in the M. A. /m. Com. /m. Sc. Admission Test, in accordance with the provisions given in the following sub-paragraphs (1. 3. 1 to 1. 3. 5 ). Candidates desirous of admission in M. Mus. M. Sc. in Biochemistry, M. Sc. in Agricultural Sciences, M. A. /m. Sc. in Anthropology and M. A. in Mass Communication are required to appear in the Separate Admission Tests for these Courses/subjects, and their admissions are not permissible on the basis of the general M. A. /m. Sc. Admission Test. 2. 5. 1 For admission to any subject of M. A. /m. Sc. or to M. Com. , preference shall be given to fresh graduates (i. e. candidates who have passed the qualifying graduate examination for the immediately preceding academic year) over graduates of earlier years. A cumulative discount at the rate of 5% of the Standardized Score shall be applied for every gap year in case of earlier graduates, subject to the maximum discount of 15%. " ( 9 ) NO doubt LL. B. examination is graduate examination and the student who passed LL. B. examination is eligible for the admission in M. A. Mass Communication as per Clause 1. 2. 13. Clause 2. 5. " ( 9 ) NO doubt LL. B. examination is graduate examination and the student who passed LL. B. examination is eligible for the admission in M. A. Mass Communication as per Clause 1. 2. 13. Clause 2. 5. 1 provides preference to the fresh graduates over the graduates of the earlier years who have passed the qualifying graduate examination for the immediately preceding academic year. ( 10 ) I find substance in the arguments of the learned Counsel for the University that the fresh graduate means the students who have first qualified the graduate examination for the immediately preceding academic year. When the petitioner passed the B. Com. examination in 2004 that was the qualifying graduate examination making him eligible to get the admission in M. A. Mass Communication and the subsequent LL. B. examination cannot be said to be the qualifying graduate examination for the purposes of Clause 2. 5. 1 of the brochure. The intent appears to be to give preference to the fresh graduates who have passed the graduate examination for the first time and not to the old students who have already graduated years back. Admittedly, the petitioner is not entitled for the admission after the discount prescribed under 2. 5. 1, therefore, I do not see any error in refusing the admission of the petitioner in M. A. Mass Communication. ( 11 ) THE writ petition fails and is dismissed without any costs. Petition Dismissed. .