SURESH KUMAR MANACKEL Vs. GUJARAT UNIVERSITY

JUDGEMENT

(1.) The petitioner has approached this Court for an appropriate writ, direction or order directing the respondent authority to grant eligibility certificate to him on the basis that he has graduated from recognised University and for a direction to give him admission in LL.B. course to pursue his studies in that course.

(2.) It is the case of the petitioner that he obtained degree of B.Com.(External) from Osmania University, Hyderabad in the year 1991. The duration of the degree course was two years. The intention of the petitioner is to get admission at Law College at Bhuj (Kutch) in Gujarat. He approached the Gujarat University (respondent herein) for issuing necessary eligibility certificate in his favour. The application was not entertained by the respondent University on the ground that the graduation degree of two years as completed by the petitioner from Osmania University, Hyderabad is not treated as "an Examination of any other University recognised as equivalent" and hence no eligibility certificate can be granted in his favour and he cannot be treated as eligible to get admission in LL.B. Course.

(3.) The learned Advocate for the petitioner strenuously argued that it is not in dispute that the petitioner is a graduate. It is also not in dispute that he has completed the said course and obtained degree of B.Com. (External) from Osmania University, Hyderabad. He also submitted that the said University is a recognised University. If the above conditions are satisfied, there is no any valid or justifiable reason for the respondent University to refuse admission to the petitioner in LL.B. Course. Relying on Ordinance No. 1 of the respondent University and on a decision of the High Court of Allahabad in the case of Kum. Vandana Tiwari v. Allahabad University, reported in AIR 1991 Allahabad page 250, it was submitted that the classification based on two years degree and three years degree course was arbitrary and violative of Article 14 of the Constitution of India. Once a person gets a degree, he/she cannot be denied admission on the basis of the said degree merely on the ground that the degree course completed by him/her was of two years and not of three years. He, therefore, submitted that the action of the respondent University is required to be declared as illegal by directing it to give admission to LL.B. Course.