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Madhya Pradesh High Court · body

2011 DIGILAW 1063 (MP)

Pushpendra S/O Rajendra Prasad Gupta v. Devi Ahilya Vishwa Vidyalalya

2011-09-07

PRAKASH SHRIVASTAVA, SHANTANU KEMKAR

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JUDGMENT SHANTANU KEMKAR, J. ( 1. ) BY filing this petition under Article 226 of the Constitution of India, the petitioner is seeking direction to the respondents to grant him admission in MBA (HA) course and consequently the fees deposited by him after getting admission in MBA (IB) course be directed to be adjusted towards the fees for MBA (HA) course. ( 2. ) BRIEFLY stated, the respondent University conducted a Common Entrance Test (for short CET) for admission in different courses. Prior to holding of the said test, the General Guidelines were published and were provided to all the candidates for the said examination. In the said General Guidelines (Annexure R-1) eligibility criteria/requirement was fixed for all the courses including MBA (Hospital Administration). The petitioner participated in the CET and had secured 80 marks with All India Ranking at 271. On the basis of his result, the petitioner was allowed to participate in the counselling held from 28-7-2011, in which he got admission in MBA (International Business) course. ( 3. ) THE petitioner's grievance is that in the said counselling he demanded admission in MBA (HA) course, but he was denied the same on the ground that he is possessing the Degree of B. Pharmacy which is not covered under the requisite eligibility criteria for grant of admission in MBA (HA) course, therefore, he had to opt for the other course i.e. MBA (IB). His case is that in other Universities the degree of B. Pharmacy is treated as paramedical degree and therefore, the respondent University should also be directed to treat the B. Pharmacy degree as paramedical degree which is treated as requisite eligibility requirement in the General Guidelines Annexure R-1. ( 4. ) THE respondents have filed reply and have stated that since the petitioner did not fulfil the eligibility criteria/requirement fixed for admission in MBA (HA) course vide General Guidelines (Annexure R-1), he had not been given admission in the said course. THE case of the respondents is that the petitioner was possessing degree of B. Pharmacy which is not included in the eligibility criteria for admission in MBA (HA) course. According to respondents, the said degree is neither mentioned in the eligibility criteria nor it is covered in Medical/Para Medical degree. THE case of the respondents is that the petitioner was possessing degree of B. Pharmacy which is not included in the eligibility criteria for admission in MBA (HA) course. According to respondents, the said degree is neither mentioned in the eligibility criteria nor it is covered in Medical/Para Medical degree. In addition, it is also the case of the respondents that even otherwise the duration of the course of B. Pharmacy is four years, which is being less than the duration for MBBS course, the petitioner is not possessing the requisite eligibility requirement. THE respondents have filed list of Para Medical Courses in M. P., as Annexure R-3 to show that B. Pharmacy is not included in the list of Para Medical Courses. Admittedly, the General Guidelines for CET 2011 (Annexure R-1) are applicable for admission in the said course of MBA (HA). The eligibility requirement for MBA (HA), as prescribed under the General Guidelines issued by the respondents to all the candidates who had participated in the CET reads thus :? "MBA (HA) : Immediate pass out students of BBA (HA) degree from Institute of Management Studies, Devi Ahilya University, Indore will be directly admitted to the MBA (HA) programme. The remaining seats will be filled through an All India Test conducted by University or as decided by the University. The eligibility criteria of the seats would be M.B.B.S./ B.D.S./B.V.Sc/B.Sc. (Nursing)/B.H.A./BBA (HA)/other medical/paramedical degree from recognized University. Duration of other medical/paramedical degree should not be less than that for M.B.B.S." ( 5. ) IT is not in dispute that aforesaid eligibility criteria Annexure R-l for getting admission in MBA (HA) course was known to the petitioner as he had participated in CET. Admittedly, he was given admission in MBA (IB) for which he was possessing the eligibility requirement. We find that the degree of B. Pharmacy has not been recognized as paramedical course in M. P. as per Annexure R-3. Merely because some other University is treating degree of B. Pharmacy as paramedical degree that will not give any right to the petitioner to secure admission in MBA (HA) in the respondent University when the said degree is not covered under the degrees mentioned in the eligibility criteria for securing admission in MBA (HA). Even otherwise the Degree of B. pharmacy is not of duration having equivalent to the duration for MBBS. ( 6. Even otherwise the Degree of B. pharmacy is not of duration having equivalent to the duration for MBBS. ( 6. ) THE contention of learned counsel for the petitioner that the respondent university should also have included the degree of B. Pharmacy in the list of degrees mentioned in the eligibility requirement for MBA (HA) course cannot be accepted in view of the well settled legal position that/prescription of qualification for a particular course is a subject-matter of the expert bodies in the field of education and normally, the Courts should not interfere into such prescription of the qualification for admission in a particular course for want of expertise in the same. Having regard to the aforesaid, in our considered view, no case for interference for giving direction to the respondents to admit the petitioner in MBA (HA) course, is made out. ( 7. ) ACCORDINGLY, the petition fails and is hereby dismissed. Petition dismissed.