JAIPRAKASH Vs. STATE OF U P

JUDGEMENT

(1.) Heard learned counsel for the petitioner and Sri Neeraj Tiwari representing respondent Nos. 2,3 and 4 and the learned Standing Counsel for the Respondent No.1.

(2.) The petitioner got himself enrolled as a Ph.D. Scholar in the University. He has been denied? the right to pursue his Ph.D. Degree and his research papers are not being accepted on the ground that the petitioner's enrolment in the Ph.D. course was illegal as he lacked the minimum eligibility as? required for such enrolment, namely, possession of at least 55% marks in a post graduate course recognized by the University. The petitioner is a M.Sc. but he has only 48% marks in the said course.

(3.) The argument of the learned counsel for the petitioner is that his admission has been voluntarily done by the University on the basis of the marks awarded to him in his M.Phil. degree which is 70% and, therefore, the minimum eligibility is possessed by the petitioner. It is further contended that this admission was voluntarily done by the University with open eyes and the University cannot now be permitted to take a "U" turn and deny the opportunity to the petitioner to pursue his Ph.D. research work.