AMIT RAHI Vs. JAWAHAR LAL NEHRU UNIVERSITY

JUDGEMENT

(1.) THIS intra-court appeal impugns the judgment dated 13.08.2012 of the learned Single Judge of dismissal of W.P.(C) No.7018/2011 preferred by the appellant. The counsel for the respondent University appeared on advance notice and with consent of the counsels, the appeal was heard finally at the admission stage and judgment reserved.

(2.) THE writ petition from which this appeal arises was preferred impugning the denial by the respondent University to the petitioner of direct admission to Ph.D (Biotechnology) programme commencing from the year 2011 on the ground of the appellant not meeting the eligibility condition therefor.

(3.) THE appellant has completed his Masters (M.Sc. in Biotechnology) also from the respondent University with an CGPA score of 5.59. It is his case that the CGPA secured by him of 5.59 is on a 9 point scale and if the same is to be equated on a 10 point scale, he meets the eligibility condition of FGPA of 6. He, in this regard relies on the prospectus of the respondent University for the year 2011-12, which under the heading "School of Life Sciences" and under the Sub-Heading "M.Sc. (Life Sciences)" inter alia provides that the final evaluation of the students admitted to the said course "for the grades is on a 9 point scale CGPA". According to the appellant the comparable standard or equivalent percentage of CGPA of 5.59 on a 9 point scale is above the FGPA requirement of 6 on the 10 point scale. Further reliance in this regard is placed on the copy of the Minutes of the Meeting of the Academic Council of the respondent University obtained through the medium of Right to Information Act, 2005, containing the Resolution "to approve the Grade ,,B in the 10 point scale as equivalent to 55% in the percentage system." Yet further reliance is placed on the ,,Ordinance Relating to Award of M.A./M.Sc./B.A. (H) and B.A. (P) Degrees wherein ,,grade is defined as "meaning a letter grade assigned to a student on the basis of evaluation of a course on the ten point scale". It is the contention of the appellant that 5.59 out of maximum of 9 points is equivalent to 6.25 on a 10 point scale or 62%. It is yet further contended that other Universities follow the grading system on a scale of 1 to 10 points instead of 0 to 9 point as followed by the respondent University and thus while the students evaluated on a 10 points scale secured a minimum of 1 mark as against the students evaluated on a 0 to 9 point scale who can secure a minimum of 0 marks. It is contended that 0 cannot be equated to 1. Reliance is placed on State of Kerala Vs. Kumari T.P. Roshana AIR 1979 SC 765 for the need for uniformity of standards.