JIMMY LIGHT C JOYS Vs. MAHATMA GANDHI UNIVERSITY

JUDGEMENT

(1.) The petitioners in these Original Petitions are students of M. Sc. Physics degree course in a private affiliated College of which the 4th respondent in O.P. 13858/2000 is the Principal. In both the petitions for the reason known only to the petitioners, they have not impleaded the management of the College though both of them got admission in the seats against management quota. That is very relevant to the subject matter agitated in this Original Petition viz., their eligibility for admission to the course. Both the petitioners obtained admission in the same Private College admittedly in management quota. As per the norms followed, management of each private college shall be entitled to admit students to the course conducted in their college to a specified percentage of seats. But such students shall satisfy the norms regarding the minimum eligibility for admission. They need not come in merit rank list. That is the only concession. It was thus they got admission in the seat against management quota. But as their admission is found to be irregular, the University has not registered them for the examination.

(2.) Admittedly the petitioner in O.P. 13858/2000 obtained only 50% marks for her optional subjects in the B.Sc. (Physics) degree course. Admittedly, the petitioner in O.P. 13970/2000 obtained less than 55% marks in her B.Sc. degree for optional subjects. She submits that it is short of only one mark out of 1000 for 55 per cent. The management submitted their applications to the University to register these two students for M. Sc. examination. The University scrutinised the details and found that both of them did not satisfy the minimum eligibility criterion of 55% of marks in the optional subjects for their B.Sc. degree. One should have at least that much mark to get admission to the post graduate degree course. Therefore the applications have been rejected and they are not registered for the M. Sc. examination. It is in the above circumstances the petitioners have approached this Court seeking a direction to the University to register them as students for M. Sc. degree examinations. They submit that the managements and the Principal have admitted them. So there is no reason for the University not to register them for the examination.

(3.) The University has defended this case based on the rules regulating admissions issued as early as on 21.6.1988, Ext. P8 in O.P. 13858/2000. Clause.5(o) of Ext. P8 reads as follows: