ISHITA GOEL Vs. PRINCIPAL

JUDGEMENT

(1.) THE petitioner has filed this petition impugning the decision of the respondents declining admission to the petitioner in B. Com (Hons) on account of not obtaining 50% marks in Mathematics. The petitioner contended categorically in the petition that objection put forth by respondent No. 2 that for admission to the B. Com (Hons) 50% marks in the subject of Mathematics is required is contrary to the eligibility conditions and the petitioner could not be denied admission on this ground. The contention of the petitioner is that since Central Admission Committee is the supreme admission committee for all the admissions in the college and it had approved her admission after going through the extracurricular activity committee recommendations and the marks obtained by the petitioner in all the subjects including Mathematics, admission of petitioner to B. Com (Hons) could not be denied. In the circumstances, the petitioner has prayed for a direction to respondents to give admission to the petitioner in B. Com (Hons) first year course in the ECA category at the earliest. Along with the petition the copy of the admission form of the petitioner was filed, however, the copy of the eligibility condition for admission to the course of B. Com (Hons) were not filed. The learned counsel for the petitioner contends that the copy of the prospectus was not given to him. The petitioner is present and she has stated that the copy of the prospectus was given by her to Mr. Dinesh Kumar, a family friend who had instructed the counsel and who had not given the copy of the prospectus to the counsel for the petitioner. The writ petition was taken up on 11th August, 2009 and on 13th August, 2009. The show cause notice was issued to the respondents on the ground that no eligibility condition contemplated that the candidate should have had 50% marks in the subject of Mathematics for admission to B. Com (Hons ). The copy of prospectus or eligibility conditions in the prospectus were not filed. A copy of admission form was filed which stipulated that the College Prospectus, 2009 should be read before filing the form. It was contended on behalf of the petitioner that no such eligibility condition of scoring 50% marks in mathematics was stipulated for Admission to B. Com (Hons ).

(2.) A reply dated 1st September, 2009 has been filed. In the reply the respondents have stipulated the eligibility conditions for admission to B. Com (Hons ). The eligibility conditions for B. Com (Hons) as detailed in the reply are as under:-

(3.) PERUSAL of the eligibility conditions categorically reflects that minimum 50% marks in Mathematics/business Maths are required for admission to B. Com (Hons)course. Apparently the petitioner did not file the relevant eligibility conditions at the time of filing the writ petition. The learned counsel for the petitioner has relied on the eligibility conditions for admission under the sports quota and co-curricular activities which only stipulates that not more than 5% of the total number of seats in the first year of Under Graduate courses shall be offered for admission on the basis of sports and co-curricular distinction. The said provision only contemplates that the merit of the students under the sports quota shall be different but it does not exempt the minimum eligibility conditions for admission to a particular course. The said provision does not lay down that the candidates getting admission under the sports quota would not be required to obtain 50% marks in mathematics in the qualifying examination for admission to B. Com (Hons ).