JACOB Vs. BANGALORE UNIVERSITY

JUDGEMENT

(1.) The petitioner is a student of Sanjay Gandhi College of Education, Vasanthanagar, Bangalore. He approached this Court for a Mandamus to the first respondent directing it to approve the admission of the petitioner to B.Ed., course for the academic year 1988-89.

(2.) The petitioner has passed his B.A., degree examination as an external candidate in the Osmania University. Admittedly being an external candidate, it cannot be said that the petitioner has studied in the educational pattern 10+2+3. The second respondent-College wrote a letter dated 18-2-1989 to the effect that the petitioner has in fact passed 10+2+3 pattern, but this statement of the second respondent is not supported by records. On the other hand, the marks card produced substantiates that the petitioner has passed as an external candidate only and does not show that he has studied in the stipulated pattern. In the letter dated 15-12-1988 which is Annexure-B, the Bangalore University notified the second respondent-College that the petitioner should be discharged since he is not entitled for admission having not completed his studies In his degree examination with 10+2+3 pattern.

(3.) The learned Counsel appearing for the petitioner submitted that the petitioner has studied in 10+2+3 pattern and therefore he has acquired a degree which can be equated to a degree of Bangalore University and that the petitioner has obtained 46% of the aggregate marks in the final degree examination which is 1% above the aggregate of marks required for the purpose of admission.