JAYANTA BISWAS Vs. UNIOVERSITY OF CALCUTTA

JUDGEMENT

(1.) The appellant appeared at the Joint entrance Examination 1992 for obtaining admission to one of the medical colleges in the State of West Bengal. The advertisement, which has been filed as annexure-P/ (2) to this appeal, was issued in 1992 and governed the field at that particular point of time. It contained an eligibility clause for candidates seeking admission to M. B. B. S and B. D. S. Courses as well as for other courses. The relevant eligibility clause for both m. B. B. S and B. D. S Courses reads thus:

(2.) In the year 1988, the appellant had passed the Higher Secondary Examination under the West Bengal Council of higher Secondary Education (hereinafter referred to as the 'west Bengal Council'). In the subject of Chemistry, which was an optional subject of the appellant, he had secured 33 marks out of 160 in theory and 34 marks out of 40 in practicals.

(3.) The Division Bench of the High Court, in the judgment impugned before us, has, interfering with the order of the learned single Judge held that on a strict interpretation of the eligibility criteria read with clause 3 of the instructions and information contained in the admission form, the appellant had not qualified himself for admission to the M. B. B. S. Course as he had not secured the requisite pass marks in Chemistry (Theory). However, taking note of the peculiar facts and circumstances of the case and noticing that the somewhat vague advertisement issued in 1992 was clarified in 1993, the Division bench observed that since the appellant had undergone studies for the last many years, the interest of justice would be sub-served if the appellant was permitted to appear at the Chemistry (Theory) paper of the ensuing Higher secondary Examination to be conducted by the West Bengal Council while being permitted to appear at the final M. B. B. S examination also. This direction apparently was given to balance the equities and taking note of the fact that by that time the appellant had reached up to the final year of M. B. B. S. Course.