R B DILLEP Vs. PONDICHERRY UNIVERSITY

JUDGEMENT

(1.) This writ petition has been filed to quash the order of cancellation made by the third respondent dated 17.4.2001 and direct the respondents to permit the petitioner to complete the MCA course.

(2.) Petitioner was admitted during the academic year 2000-2001 in the I year MCA under the fourth respondent college which is affiliated to the first respondent University. It appears that cancellation took place because the petitioner had secured only 51.66% in the group subjects of the qualifying examination, whereas as per the prospectus minimum requirement was 55% marks in the relevant subjects.

(3.) The petitioner has submitted that in many other Universities like University of Madras, Madurai Kamarajar University, Anna University, etc., a mere pass in the graduation course is sufficient for admission. It is submitted that in Universities like Bharathiyar University, eligibility criteria is 50% and therefore insistence of respondents 1 to 3 that one should have 55% marks in the concerned subjects in the qualifying examination is unreasonable and arbitrary. It has been further submitted that the fourth respondent college has admitted the petitioner after being satisfied with the eligibility condition and such admission should not have been cancelled subsequently without giving opportunity of hearing to the petitioner and the University having allowed the petitioner to appear in the first semester examination, was estopped from cancelling the admission.