SAQLAIN SHIVANI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THE petitioners, in these petitions, claim that all of them have passed S. S. L. C. , and they intend to appear for the II Year Pre-University Examination as external students. In these petitions, they have made four prayers. Firstly, they have prayed for a declaration that Clauses 2 (a) and 3 (a) of the Notification dated 21st of July 1999, a copy of which has been produced as Annexure-A to the writ petitions, issued by the first respondent prescribing that such of those candidates who intend to appear for the II Year Pre University Examination as external candidates, should have completed the age of 18 years as on 31st of March 2000, are unconstitutional and void in law; secondly, they have prayed for a direction to the respondents to fix the qualification regarding age at 17 years, to appear for the II Year Pre University Examination as external candidates or else with or without basic qualification; thirdly, they have prayed for a direction to the second respondent to conduct external examinations for the Pre University Course in all optional subjects including Science subject; and fourthly, they have prayed for a direction to the first respondent to permit them to submit their applications to appear for the II Year Pre-University Examination as external candidates through private Educational Institutions which are imparting education for Pre-University Course.

(2.) SRI Mohd. Farooq, learned Counsel appearing for the petitioners, in support of the prayer of the petitioners, made three submissions. Firstly, he submitted that Clause 2 (a) of Circular Annexure-A issued by the first respondent to the extent it prescribes the minimum of 18 years of age as on 31st of March 2000 for a candidate to appear for the II Year Pre-University Examination as an external candidate, is totally illegal and unconstitutional. According to the learned Counsel, the said restriction takes away the rights of the petitioners to pursue their education by appearing for the II Year Pre-University Examination. Elaborating this submission, Sri Farooq pointed out that the Directorate of Correspondence Courses and Distance Education, Bangalore University, prescribed the minimum of 18 years of age only as on 1st of July 1999 for admission to Under-graduate Courses and 21 years of age as on that date for admission to Post-graduate Courses; and that being the position, there is absolutely no justification for the respondents to prescribe the minimum of 18 years of age for external candidates to appear for the II Year Pre-University Examination. Therefore, he submits that when the minimum age prescribed for under graduate Courses being only 18 years as on 1st of July 1999, there is absolutely no justification to prescribe the minimum of 18 years of age as on 31st of March 2000 for an external candidate to appear for the II Year Pre-University Examination. It is his further submission that insofar as the regular students are concerned, even assuming that a child is entitled to seek admission only after completing five years and ten months, such a student would be eligible to appear for the II Year Pre-University Examination immediately after 16 years and 10 months and not after 18 years which is insisted upon in so far as the external candidates are concerned. Therefore, he submits that Clause 2 (a) of the Circular Annexure-A requires to be struck down as ultra vires. Secondly, he submitted that there is absolutely no basis or justification in restricting the rights of the external candidates to take up the II Year Pre-University Examination in Arts. subjects only. According to him, the respondents should have made provisions to all such eligible candidates who have passed the S. S. L. C. , to appear for Pre-University Examinations in all the subjects which are prescribed as subjects for study in two years Pre-University Course. Finally, he submitted that the provision made that all applications of external students who intend to appear for the II Year Pre-University Examination, should be routed only through the Government College, is also illegal, arbitrary and unreasonable. He pointed out that when the Pre-University Courses are being offered by large number of private Educational Institutions, there is absolutely no justification to insist upon such of those students who intend to take up the II Year Pre-University Examination as external candidates, to submit their applications only through the Government College.

(3.) HOWEVER, Sri K. Vishwanath, learned Addl. Government Advocate appearing for the respondents, strongly countered the argument of the learned Counsel appearing for the petitioners. In so far as the first submission of Sri Farooq is concerned, it is the submission of the learned Government Advocate that since admittedly all the regular students are required to complete 17 years and 10 months to appear for the II Year Pre-University Examination, the prescription of 18 years as minimum age qualification prescribed for the external students cannot be held to be either unreasonable, arbitrary or discriminatory in nature. According to him, students who appear for the Pre-University Examination as external candidates, stand on a footing different from that of the regular students. He submitted that the benefit of academic curriculum and extra curricular activities available to regular students, not being available to the external candidates, if the Authorities while introducing the Scheme in their wisdom, thought that such of the candidates who intend to take external examination, must have completed 18 years of age as on 31st of March 2000 to take up the II Year Pre-University Examination for the year 2000, such prescription of age cannot be held to be either illegal or arbitrary so as to call for interference at the hands of this Court in exercise of its writ jurisdiction under Articles 226 and 227 of the Constitution of India. Drawing my attention to paragraph-2 of the statement of objections, the learned Government Advocate pointed out that if the minimum age of 18 years was not prescribed, the students who have failed in I Year Pre-University or the students who pass the S. S. L. C. , in Supplementary Examination, would be in an advantageous situation than the regular students who appear for the II Year Pre-University Examination. Therefore, he pointed out that with a view to maintain uniformity in age to enable the students to appear for the II Year Pre-University Examination, 18 years of age is prescribed as the minimum age qualification. With regard to the second submission of the learned Counsel for the petitioners, the learned Government Advocate submitted that it is not permissible for the petitioners to insist upon the respondents to introduce any scheme of Examination to the students who intend to take up II Year Pre-University Examination as external candidates; and it is for the State to decide on which subject of curriculum, the students should be permitted to appear for the Examination as external candidates. It is his submission that there is no statutory or Constitutional right which enables the petitioners to compel the State to permit them to appear for the II Year Pre-University Examination as external candidates in all the subjects for which regular courses are permitted in the Colleges. He further pointed out that in respect of Science and other subjects, since serious study is required, it was felt that such subjects are required to be studied at the level of Pre- University only by attending Colleges as regular students; and any permission granted to the students to appear for the Examination in such subejcts, would seriously affect the academic standard at the Pre-University level which would have serious consequences while pursuing studies at higher educational level. Therefore, he submits that the petitioners are not entitled to seek for a direction to the respondents to introduce a scheme for external candidates to take up the Pre-University Examination in all subjects including the Science subject. Thirdly, he submitted that since the Scheme permitting the students who are not regular students, to take up the Pre-University Examination as external candidates, has been introduced by the Authorities, it is for them to evolve a procedure as to how the applications of external candidates who intend to appear for the Pre-University Examination, should be routed through and at which Centres, Examination will have to be conducted for such candidates. It is his submission that when a programme is introduced by the first respondent by way of concession to such of those students who are not regular students, with a view to enable them to have an opportunity to pass the II Year Pre- University as external candidates, it is not permissible for the petitioners to seek for a direction before this Court directing the respondents to modify the Scheme introduced by the respondents. Elaborating this submission, he pointed out that external candidates are insisted upon to submit their applications through Government Colleges with a view to maintain purity in academic standard and minimise mal-practice in the matter of deciding the eligibility and other requisite qualifications of the candidates as well as in the matter of conducting the Examinations. Therefore, he submits that there is nothing wrong on the part of the respondents in insisting upon the candidates who intend to appear for the II Year Pre-University Examination as external candidates, to submit their application only through Government Colleges. Therefore, he submits that for all these reasons, the writ petitions may be dismissed as having no merit.