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Madhya Pradesh High Court · body

2013 DIGILAW 743 (MP)

Hemant Bagwan v. State of M. P.

2013-07-02

A.K.Sharma, Rajendra Menon

body2013
ORDER 1. Challenging the action whereby petitioner is deprived of appearing for counseling in Master of Computer Application (MCA), petitioner has filed this writ petition. 2. Petitioner was a candidate who had participated in the admission process conducted by the MP Professional Examination Board, for seeking admission to a course, namely Master of Computer Application (MCA). Petitioner is pursuing a course of study i.e… B.Sc with Computer Science, and is in the 3rd year (Final Year). He is a regular student of Government Science College, Jabalpur and the certificates and documents in this regard are filed as Annexure P/1. The Professional Examination Board issued a Notification vide Annexure P/2, notifying the rules and the procedure for admission to the MCA course. Rule 1.4.3, of the said Rules, contemplates the eligibility condition for admission and it is stated that for seeking admission to MCA course, a candidate has to be Graduate with at least 50% marks at the graduation level. 3. Admittedly, as on date, petitioner is not a Graduate, he is only a student who is pursuing the course in B.Sc (Final year) and the certificate issued by his institute goes to show that the Final Year Examinations are to be held in May-June, 2013 and the results are expected to be declared in July-August, 2013. It is, therefore, clear that from these facts that till date petitioner is not a Graduate. 4. However, learned counsel for the petitioner places reliance on a Note, appended to Clause 1.4.3, and submits that as petitioner has appeared in the Final Year Graduation Examination, he can be granted provisional admission based on the stipulations contained therein. Learned counsel emphasized that the petitioner was permitted to appear in the written test, he has cleared the written test and now as the counseling is going on, he should be permitted to participate in the counseling and provisional admission be granted to him, subject to his clearing the Graduation Examination as and when the result is declared. 5. Learned counsel emphasized that the petitioner was permitted to appear in the written test, he has cleared the written test and now as the counseling is going on, he should be permitted to participate in the counseling and provisional admission be granted to him, subject to his clearing the Graduation Examination as and when the result is declared. 5. Shri Rohini Prasad Tiwari, learned counsel for the State, refuted the aforesaid and interpreted the Note in question and pointed out that the Note only permits a candidate like the petitioner to appear in the written examination, but at the time of admission the Note stipulates that the candidate should be a Graduate and if at the time of admission the candidate is not a Graduate, it is emphasized by him that the candidate would be in-eligible. Accordingly, he submits that presently no relief can be granted to the petitioner. 6. We have heard learned counsel for the parties and perused the records. 7. The only dispute that warrants consideration in this writ petition is as to whether the petitioner fulfils the eligibility criteria laid down for admission to the course in question i.e… MCA, as stipulated under Clause 1.4.3, of the Rules? 8. For considering the aforesaid question, reference has to be made to the Note, which is appended to Clause 1.4.3, and the Note which appears in the said Clause reads as under: “Note:- Candidates in the Final Year of above degree examination can also appear in the Pre MCA-2013 test on provisional basis. But such a candidate shall have to produce the original certificate of having passed/mark sheet of the final year of the degree examination at the time of admission taken in the allotted institute; however, candidate shall have to fill all the entries of qualifying examination at the time of registration.” 9. Admittedly, as on date the petitioner is not a Graduate. He is only a Final Year student at the Graduation level and the certificate issued to him by the Institute – Annexure P/1, goes to show that the examinations are to be held in May-June, 2013 and the results are expected to be declared sometime in July-August, 2013. According to the petitioner’s own showing, the admission process has commenced, counseling is going on and will conclude within a week’s time. 10. According to the petitioner’s own showing, the admission process has commenced, counseling is going on and will conclude within a week’s time. 10. Be it as it may be, the Note, as reproduced hereinabove, indicates that a candidate to be eligible for admission to the course has to be a Graduate and if a candidate is in the Final Year of the above Graduate course, the Rule permits him to appear in the Pre-MCA Test-2013 provisionally, but the Note further stipulates that such a candidate,who is permitted to appear provisionally in the Test, has to produce the original certificate of having passed the Final year of the degree examination at the time of admission and seeking allotment of an Institute. Admittedly, the counseling is in progress, which is the process for admission and at the time of counseling petitioner would be allotted a seat in a particular Institute. That being so, the stipulation of the Rule is that even if a candidate is appearing in the Final Year Examination he is entitled to take the test provisionally, but at the time of seeking admission he should produce documents, like mark-sheet or degree certificate to show that he is a Graduate and has cleared the Graduation Examination. The import of the Note is that at the time of counseling and when the admission process has commenced, the candidate has to be a Graduate then only a seat can be allotted to him, in an appropriate Institute. Admittedly, as on date when counseling and admission process is going on, petitioner is not a Graduate and, therefore, as per Rules he cannot be permitted to participate in the counseling as he does not fulfil the criteria laid down of being a Graduate in the subject in question. 11. Accordingly, taking note of the manner in which the Rule is worded and finding the petitioner to be ineligible as on date to seek admission as he is not a Graduate, we see no reason to interfere into the matter. 12. The petition is, therefore, dismissed.