MISS SATHYA RAO (MINOR, REPRESENTED BY FATHER AND GUARDIAN U.N.R. RAO) AND ORS. Vs. THE UNIVERSITY OF MADRAS BY THE REGISTRAR AND ORS.

JUDGEMENT

(1.) THIS batch of writ petitions raises a common question concerning the eligibility of the petitioners for admission to the Pre -University Course of the Madras University, hereinafter called, the University in the approved Colleges of that University. The writ petitions themselves came up for hearing before Mohan, J., but the learned Judge took the view that, having regard to the importance of the matter and the fact that in any event the judgment rendered by him would be taken up in appeal by either of the parties, it was a fit case which must be decided by a division Bench of this Court. Hence the matter has come before us.

(2.) THE pattern of education that is prevalent in this State just now is 11 years school course followed by one year Pre -University Course and three years Degree course. For sometime past, there had been a desire to change this pattern into 10 plus 2 plus 3 years course, the later three years being the Degree course in the University. This pattern had been decided upon already, but is being implemented in stages in different areas in the country and a switch over to the new pattern in this State is to take place in. the near future. When the old pattern of 11 years school course followed by one year Pre -University Course and 3 years Degree course was in force, certain bodies were conducting 11 years school course and the certificates issued by such bodies at the end of the course were considered equivalent to the passing of the Pre -University Course itself with the result that such certificate -holders were declared eligible to join the Degree course in the University. Three such examinations equivalent to the passing of the Pre -University Course were: (1) The Higher Secondary Certificate awarded by the States or Statutory Boards of Higher Education; (2) All India Higher Secondary Examination or the Higher Secondary Examination conducted by the Central Board of Secondary Education, New Delhi; and (3) Indian School Certificate Examination conducted by the Council for the Indian School Certificate Examinations, New Delhi. After the new pattern was decided upon, these bodies themselves switched over to ten years school course. The certificates granted by these bodies at the end of the 10 -year course were treated as equivalent to the passing of the Matriculation examination by several Universities - by some Universities unconditionally and by some Universities subject to certain conditions. We are concerned in the present cases with the examinations conducted by the Council for the Indian School Certificate Examinations and the Certificates issued by the said Council popularly known as Indian Certificate of Secondary Education examination

(3.) ON the basis of the above regulations, the Council for the Indian School Certificate Examinations wrote to the University of Madras on 21st April, 1971 requesting the University to consider the question of granting recognition to the I.C.S.E. (Indian Certificate of Secondary Education Examination) introduced by the said Council in 1970 as equivalent to the Matriculation Examination. The letter stated that eight Universities, namely: Bangalore, Bombay, Calcutta, Calicut, Dibrugarh, Kerala, Punjab and Rajasthan had already recognised the said examination as equivalent to the corresponding examinations in their States permitting candidates to enter the Pre -University class. This letter mentioned the material provisions of the regulations which we ourselves have already extracted. After having referred to those material provisions, in paragraph 6 of its letter, the Council stated: