SMRITI AGARWAL v. M P PROFESSIONAL EXAMINATION BOARD
2008-11-14
DIPAK MISRA, R.K.GUPTA
body2008
DigiLaw.ai
Judgment ( 1. ) INVOKING the extraordinary jurisdiction of this Court under article 226 of the Constitution of India the petitioner has prayed for issue of a writ of certiorari for quashment, of the order dated 11. 9. 2008 contained in annexure-P-8 whereby the petitioner has been intimated by the Director, directorate of Technical Education, Bhopal that she is not eligible for admission to the. M. C. A. Course on the ground that she did not have the Mathematics as a subject either at the Higher Secondary or at the Graduation Level. ( 2. ) THE factual expose which is necessitous to be uncurtained are that in pursuance of an advertisement issued by the M. P. Professional Examination Board calling for the applications from eligible candidates for examination of Pre. M. C. A. Course. 2008-09 the petitioner submitted an application on the basis of which she was issued an Admit Card and she was permitted to undertake the exanination. Though she was called for counselling, she was denied admission on the ground that she did not have Mathematics as a subject either at the Higher Secondary or at the Graduation level. It is averred that the petitioner had "business Mathematics" as an additional subject in the Higher Secondary School Certificate Examination and she had passed B. Sc. from Barkatullah University, Bhopal in First Division and. therefore, she was entitled to be admitted in the course in question. ( 3. ) IT is urged that on being satisfied that she had met the eligibility criteria she was permitted to undertake the examination and after being qualified she has been denied the benefit of admission on the ground that she did not have the mathematics as a subject either at the Higher Secondary or at the Graduation level which is unjustified and unwarranted. It is put forth that the candidates who have completed Bachelor of Computer Application (B. C. A.) and given examination with Business Mathematics as a subject, the said candidates have been given admission in M. C. A. Course, but the petitioner has been denied the benefit for the reasons best known to the respondents-authorities. In this backdrop a prayer has been made for quashment of the order denying him the admission and further to issue a writ of mandamus commanding the respondents to admit her for the M. C. A. Course for the academic session 2008-09. ( 4.
In this backdrop a prayer has been made for quashment of the order denying him the admission and further to issue a writ of mandamus commanding the respondents to admit her for the M. C. A. Course for the academic session 2008-09. ( 4. ) A counter affidavit has been filed by the respondent No. 2 contending, inter alia, that the M. P. Professional Examination Board has framed M. P. Professional examination Board Pre M. C. A. and MET Rules, 2008 (for short 2008 Rules)allowing the eligibility criteria for the academic session 2008-09. Rule 1. 4. 2 of the aforesaid Rules stipulates that for seeking admission to M. C. A. Course the candidate should be a graduate from any UGC/aicte approved Indian University with Mathematics as a compulsory or as an additional subject at either Higher secondary (10+2) or at Graduation Level. The said criteria does not include the subject of Business Mathematics and, therefore, the petitioner is not be eligible for seeking admission to M. C. A. Course. It is contended that as per the norms laid down by the All India Council for Technical Education, New Delhi a bachelors Degree of minimum three years with Mathematics as one of the subjects has been prescribed to be the minimum qualification for admission to m. C. A. Course. It is asseverated that as per the Ordinance issued by Rajiv Gandhi proudyogiki Vishwavidalaya, Bhopal a candidate seeking admission to M. C. A. Course should be a\graduate from any Indian University or Institute: recognized by the University as equivalent thereto. The graduation should be with three years of regular study after passing (10+2) Senior Secondary Examination or its equivalent of an approve Board with Mathematics as a compulsory subject. In view of the aforesaid provisions, as pleaded, passing an examination with mathematics as a subject is a condition precedent and none of the said provisions include the Business Mathematics subject. It is put forth that no candidate with b. C. A Degree has been allowed to take admission in the M. C. A. course who do not have Mathematics as a compulsory or additional subject. No candidate passing B. C. A. with Business Mathematics, who has been allowed to participate in the counselling, has been given admission to the course in question and, therefore, the question of equality clause being frowned at does not arise. ( 5.
No candidate passing B. C. A. with Business Mathematics, who has been allowed to participate in the counselling, has been given admission to the course in question and, therefore, the question of equality clause being frowned at does not arise. ( 5. ) A return has been filed by the respondent No. 3. Rajiv Gandhi Proudyogiki Vishwavidyalaya, Bhopal, contending, inter alia, that Rule 2. 5. 2 of the 2008 Rules prescribes eligibility for admission to M. C. A. Rules. As per the said provision imperative to have Mathematics as a compulsory or as an additional subject either Higher Secondary (10+2) Level or Graduation Level. The petitioner h not studied mathematics either at the Higher Secondary Level or at the Graduati level but had studied Business Mathematics as an additional subject in the High secondary Level. It is put forth that there is a distinction between the subjects mathematics and Business Mathematics inasmuch as the subject of Mathematic has 20 Chapters whereas the Business Mathematics is a different subject havin only 9 Chapters. Both the subject are by no means equivalent. To draw a distinction documents showing syllabi of Higher Mathematics and Business Mathematic have been brought on record as Annexures-R-1 and R-2. In this backdrop it i asserted that the petitioner does not meet the eligibility criteria and hence, he is not entitled to admission. ( 6. ) A rejoinder has been filed to the return filed by the respondent No. 2 stating, inter alia, that the University has recognized the Business Mathematics as a subject in the curriculum of B. C. A. and the candidates who have appeared for the examination at B. C. A. Level are entitled for the admission to M. C. A. Course. It is set forth that once the examination for Business Mathematics has been recognized; at Graduation level the candidates cannot be discriminated at the Post graduation level i. e. M. C. A. The syllabus of B. C. A. has been brought on record as Annexure-P-10. It is the stand in the rejoinder affidavit that the technical rules of respondent No. 2 shall not come in the way of the petitioner in getting the admission to M. C. A. Course. It is also pleaded that the petitioner was not aware that the Mathematics does not include Business Mathematics, as the same was not mentioned in the Rules or in the prospectus. ( 7.
It is also pleaded that the petitioner was not aware that the Mathematics does not include Business Mathematics, as the same was not mentioned in the Rules or in the prospectus. ( 7. ) WE have heard Mr. A. P. Singh and Mr. K. D. Singh, learned counsel for the petitioner, Mr. Kumaresh Pathak learned Deputy Advocate General for the respondent No. 2 and Mr. Paritosh Gupta,learned counsel for the respondent No. 3. ( 8. ) THE singular question that emerges for consideration is whether the petitioner has been inappropriately denied the admission to M. C. A. Course, Rule 1. 4. 2 of 2008 Rules deals education qualification. The relevant part of it reads as under.- "mca COURSE: a candidate seeking admission to MCA Course should be a graduate of any UGC/aicte approved Indian University or from a foreign University recognized by Association of Indian Universities (AIU) or institute recognized by the concerned University as equivalent thereto. The Bachelors degree must be of minimum three years duration in any discipline with Mathematics as compulsory or an additional subject at either Higher secondary (10+2) or at Graduation Level. ( 9. ) THE All lndia Council for Technical Education has issued norms on 08. 5. 2008 prescribing Minimum Admission Qualifications for MCA course stipulating that one should have passed from. any recognized Bachelors degree of minimum three years duration in any discipline with Mathematics as one of the subjects. The Ordinance of the University under Clause 2. 1 lays a following postulate:- "2. 1 A candidate seeking admission to M. C. A. Course should be graduate of any Indian University or Foreign University or Institute recognized by the University as equivalent thereto. The graduation should be with three year of regular study after passing 10+2 Senior Secondary Examination or its. equivalent of an approved Board "with mathematics as a compulsory subject. " ( 10. ) IN view of the aforesaid provisions there can be no iota of doubt that one must have mathematics as a subject at the Higher Secondary level or at the Graduation level. The petitioner had the Business Mathematics at the Higher Secondary level as an additional subject. The University has brought on record documents to highlight that there is distinction between the Higher Mathematics and Business Mathematics. From a bare glance at the same, such a difference is perceivable.
The petitioner had the Business Mathematics at the Higher Secondary level as an additional subject. The University has brought on record documents to highlight that there is distinction between the Higher Mathematics and Business Mathematics. From a bare glance at the same, such a difference is perceivable. The averment that equally placed candidates have been admitted to the course in question has been categorically denied by the respondents. It is submitted by the learned counsel for the petitioner that in the Rule or the prospectus no distinction has been brought between the subjects of Mathematics and Business Mathematics and when the petitioner was permitted to appear in the examination, the respondents should not have acted in an ultra-technical manner to deny her admission. The aforesaid submission is noted to be rejected inasmuch as the Rules are crystal clear that the candidates should have mathematics as a subject. The petitioner is expected to know the distinction between the subjects of Mathematics and Business Mathematics when the syllabuses and chapters of both the subjects are quite different. The syllabi distinctly postulate what is meant by Mathematics and Business Mathematics. It is within the special knowledge of the petitioner. When the Rules clearly prescribes that the candidate should have mathematics as a subject, the petitioner cannot take a plea. that she was not made aware of the distinction between the Mathematics and the Business Mathematics. Thus, the stand of the petitioner that she was not aware of the distinction does not merit acceptance. ( 11. ) IN view of the aforesaid analysis we hold that the petitioner does not possess the requisite qualification and. therefore, she has been justifiably denied the admission to the MCA course. Ergo, no fault can be found with the action of the respondents. ( 12. ) CONSEQUENTLY, the writ petition, being devoid of merit, stands dismissed without any order as to costs. Petition dismissed.