PRAFEENA PHALGUNAN Vs. RAGIV GANDHI UNIVERSITY OF HELTH

JUDGEMENT

(1.) THE petitioner who had secured 58. 16% of marks in the C. B. S. E. examination (All India Senior School Certificate Examination, 2002) got admitted to the First Year B. D. S. Course in the Bangalore Institute of dental Sciences and Hospital, respondent 2 herein, for the academic year 2002-03. When the college sent the list of students admitted by it for approval of admission to the Rajiv Gandhi University of Health sciences, the University by its letter dated 3-7-2003 addressed to the principal of the College, has refused to approve the admission of the petitioner. He ordered for discharging the candidate on the ground that the petitioner was not eligible for admission inasmuch as she had failed in theory paper of Physics. This communication is questioned in this writ petition.

(2.) IN the scheme of C. B. S. E. examination, though a student may opt to study more subjects than five, he should 'pass' in any of the 5 subjects of his study, to be eligible to be declared as 'passed'. In this case, the petitioner had opted to study nine subjects as shown in the marks card at Annexure-A. She has secured 66 marks in English; 76 in Malayalam (Elective); 35 in Mathematics; 51 in Chemistry; 77 in Biology and 44 in physics. While in the other subjects she has failed. A certificate at Annexure-A1 issued by the C. B. S. E. has declared her as having passed the c. B. S. E. examination.

(3.) THERE is no dispute that "passing" of C. B. S. E. examination is equivalent to a pass in P. U. C. of the Karnataka State. A student who has passed C B. S. E. examination is also eligible for admission to the b. D. S. Course But, the contention of the University is that in order to become eligible for admission to the B. D. S. Course as per the revised order issued by the University for the academic year 2002-03, a candidate should have obtained not less than 50% of the aggregate marks in english, Physics, Chemistry and Biology, all taken together, besides, she should have also passed in the said subjects also. Since the petitioner has failed in the theory paper of 'physics', she is not eligible.