S VIJAYALAKSHMI Vs. BANGALORE UNIVERSITY

JUDGEMENT

(1.) By consent of learned Counsel on both sides, this petition is treated as having been posted for final hearing and I have heard them.

(2.) Material facts lie in a narrow compass. Kum. S. Vijayahkshmi is the petitioner in the Writ Petition. She passed the two years P.U.C. examination conducted by the P.U.C. Board of Karnataka State in the year 1981, with the subjects Physics, Chemistry, Mathematics and Biology. Thereafter, she having taken the B.Sc. Degree Course of the Bangalore University passed each year of the examination conducted therefor by the Bangalore University, with Science subjects Chemistry, Botany and Zoology. Out of the - maximum marks of 100 for Theory paper and Practical in each of the said subjects studied during the first year of that examination she secured more than 35% marks, but less than 50% marks. Similar was her performance in the second year. However, in the third year examination she took in each of the said subjects with maximum marks of 200, she got a Second Class by securing not less than 50% average marks in those subjects. The actual average marks secured by her in each subject came to 52% and a little more. Annexurc-B produced along with the Writ Petition is her statement of marks issued by the Bangalore University respecting the third year B.Sc. examination she took in the year 1984. The marks so secured by her in the third year B.Sc. Degree Examination of the Bangalore University being not less than 50% of the total marks secured in Science subjects taken to gether at a higher examination envisaged under the Bangalore University's Modified Regulations of M.B.B.S. Course 1979 Scheme-coming into effect from the academic year 1983-84 (hereinafter referred to as the 'Modified Regulations'), she got admission to the first year M.B.B.S. Course of the academic year 1988-89 in Kempegowda Institute of Medical Sciences, Bangalore, (hereinafter referred to as the 'Medical College'), which was affiliated to the Bangalore University. When she was thus prosecuting the said M.B.B.S. Course, the Medical College received from the Registrar, Bangalore University, letter No. ACA/RI/MBBS/Appl. ADM/15/88-89 dated 9-11-1988, intimating that the petitioner having secured only 46.7% marks in the average in her Science subjects of B.Sc. examinations of all the three years, she was ineligible for admission to first year M.B.B.S. Course under the Modified Regulations. That letter made the Medical College to issue to the petitioner a notice dated 21-12-1988, produced as Annexure-G along with the Writ Petition, calling upon her to offer her remarks as to why she should not be discharged from the College in view of the said letter received from the University. Since the remarks offered by the petitioner did not prove fruitful, she has come to file this Writ Petition on 25-3-1989 questioning the correctness of the view taken by the Bangalore University that under the Modified Regulations that a candidate who has passed the B.Sc. examination would become eligible for admission to first year M.B.B.S. Course, if such candidate has secured not less than 50% marks in Science subjects of all the three years examinations and not merely in the Science subjects of third year examination, the higher examination. Consequently, it is prayed that this Court should quash (he letter No. ACA/RI/MBBS/App.ADM/15/88- 89 dated 9-11-1988 of the Bangalore University and the notice bearing No. KIMS 2452/88-89 dated 21-12-1988 of the Medical College and direct the respondents i.e. Bangalore University and Medical College to allow the petitioner to prosecute the studies of the Medical Course to which she is admitted.

(3.) It was contended by Sri. Hanuman- thappa, learned Counsel appearing for the petitioner, that not less than 50% marks required to be secured at a higher examination by a candidate who has passed the B.Sc. examination and seeking admission to the M.B.B.S. Course under the Modified Regulations, having regard to their underlying purpose could only be in optional subjects of third year B.Sc. examination and not in the optional subjects of all the three years of the B.Sc. examination. According to him if the Modified Regulations are so construed, the Bangalore University's letter and the notice of the Medical College issued to the petitioner informing her that she has to be discharged from the College because of her securing less than 50% marks in the optional subjects of all the three years examinations of her B.Sc. Course become unsustainable and the University and the Medical College are to be directed to allow the petitioner to continue the M.B.B.S. Course to which she is already admitted.