BRIJ NARAIN SINGH Vs. UNIVERSITY OF DELHI

JUDGEMENT

(1.) The petitioner is seeking admission to the 1styear LL.B. course conducted by the University of Delhi. The petitionerappeared in the LL.B. entrance examination and secured 150 marks out of600. He was declined admission by the University of Delhi on the groundthat he had completed graduation on the 10+2+2 pattern of education andhe could be granted admission only if he had obtained 55/o marks in Graduation. The petitioner filed writ petition being C.W.P. No. 3983/1992 challenging the eligibility condition of 55% marks prescribed by the University foradmission to the LL.B. Course which provides that candidates who havepassed Bachelor's degree examination in 10+2+2/11 +3 pattern leading tothe award of the decree after 14 years of study securing atleast 55% marks inthe aggregate and should have completed atleast 19 years of age as on31.10.1992. According to the petitioner, in Graduation he had secured50.40% marks and he was entitled to the admission in the LL.B. course.

(2.) The University is opposing the petition filed by the petitioner.

(3.) In similar circumstances another student Dinesh Pal also tiled awrit petition in this Court being C.W.P. 2562/1992 challenging the eligibilitycondition of 55/o for the Graduate students of 10+2+2 pattern. The writpetition filed by Dinesh Pal came up for hearing before a Division Bench ofthis Court comprising of Mahinder Narain and Jaspal Singh, JJ. The writpetition was decided by Judgment dated 15.12.1992. Mahinder Narain, J.held that the eligibility condition of 55% marks in Bachelor's degree examination was violative of Articles 14 & 21 of the Constitution of India and it wasstruck down and Mahinder Narain, J. allowed the writ petition. But JaspalSingh ,J. did not agree with the view expressed by Mabinder Narain, J. andupheld the eligibility condition of 55% marks. There was a difference ofopinion between the learned Judges and that is how the matter has beenplaced before me in accordance with Clause 26 of the Letters Patent for theHigh Court of Delhi.