KOTTAPALLI SREEHARI VARMA Vs. BANGALORE UNIVERSITY

JUDGEMENT

(1.) the averment made in para (f) as one of the grounds of the writ petition is relevant for the purpose of disposal of this writ petition. It is contended that in the peculiar circumstances of this case it is possible,and reasonable for respondent-1 to approve the admission of the petitioner even on the basis of the aggregate marks obtained by him in both the years since the interest of Justice demanded rounding off the total to 50% ignoring the insignificant short-fall of 0.5% marks.

(2.) the crucial question is whether the petitioner is eligible for admission however in significant may be the shortage of marks to support eligibility for admission.

(3.) admittedly the petitioner has fallen short of the number of marks or percentage of marks necessary to constitute eligibility for admission. It is no doubt true that the short-fall is to the extent of 0.5%. Even if a person fall short of one day to attain majority, the person still continues to be a minor and there can be no relaxation of the rigors of law. Conditions of eligibility unless subject to relaxation by the authority under the Rule, cannot be altered from one case to another. Eligibility has to be strictly enforced and once it is relaxed, there is no end to it and exception will become the general Rule in course of time defeating the very purpose of prescription of eligibility qualification for admission to educational courses. The power of the court cannot be utilised for the purpose of altering conditions of eligibility stipulated by the university in accordance with law and regulatory standards of education.