MALLIKARJUNA H C Vs. REGISTRAR GULBARGA UNIVERSITY

JUDGEMENT

(1.) THESE writ appeals are filed against a common judgment in w. Ps. No. 25194/2005 and 29/2006 which were dismissed by the learned Single Judge. The appellant in the writ appeals is the petitioner in the writ petitions.

(2.) THE appellant was admitted to M. Sc. (Industrial chemistry) Course on 04. 07. 2005 at the Post Graduate Centre of the Gulbarga University at Beilary. M. Sc. (Industrial Chemistry)is a two years (4 semesters) course. Even though the appellant was admitted to the 1st semester on 04. 07. 2005, he was not issued hall ticket to appear in the 1st semester examination Hence, he filed W. P. No. 25194/ 2005 praying for a direction to the respondents to permit him to appear in the examination scheduled to commence from 24. 11. 2005, By an interim order passed in the said writ petition, the respondents were directed to permit the appellant to appear in the 1st semester examination and accordingly he was permitted to appear in the examination. However, the results of the 1st semester examination were not declared in view of the pendency of the writ petition. When the appellant was not admitted to the 2nd semester, he filed W. P. No. 29/06 praying for a direction to the respondents to admit him to the 2nd semester. On the basis of an interim order passed in the said writ petition on 06. 01. 2006, the appellant was admitted to the 2nd semester examination. The respondents also permitted him to appear in the 2nd semester examination.

(3.) THE respondents contested the writ petitions by filing statement of objections. The respondents contended that the provisional admission of the appellant to the 1st semester of the m. Sc. (Industrial Chemistry) Course was irregular as he was not eligible for admission. According to the respondents, even though the appellant secured 50% marks in the concerned/cognate subject i. e. , Chemistry in all the three years of the degree course, he did not secure 50% marks in aggregate for all the subjects. The respondents placed reliance on the eligibility conditions mentioned in Annexure-D Instructions to Candidates' - Eligibility rules for Admission to Various Post-Graduate Courses.