QUDSIA SHAFQAT Vs. ALIGARH MUSLIM UNIVERSITY

JUDGEMENT

(1.) Heard Sri M.K. Gupta on behalf of the petitioner and Smt. Sunita Agarwal on behalf of respondent Nos. 1, 2 and 3.

(2.) The petitioner, Miss Qudsia Shafqat, after passing B.U.M.S. Course from Aligarh Muslim University with 67.12% marks applied for being considered for admission to Post Graduate Course (M.D.) in IImul Advia. For the purposes of admission to the said P.G. Course a written examination was conducted. The petitioner appeared in the entrance examination and was also declared successful. A letter dated 26.12.2003 was issued from the office of the Controller of Examinations and Admissions requiring the petitioner to appear before the Dean, Faculty of Unani Medicines at 9.00 a.m. The petitioner appeared before the Dean, Faculty of Unani Medicines on the said date and time along with her original certificates. The petitioner was refused admission to the said M.D. in IImul Advia Course on the ground that the petitioner had not secured 60% or above marks in BUMS in the subject IImul Advia and therefore, she is not entitled to be admitted in view of the Ordinances applicable for admission to Post Graduate Course in the Faculty of Unani Medicines.

(3.) It is not in dispute that the petitioner had secured only 58.33% marks in the subject of IImul Advia in BUMS. On behalf of the petitioner it is contended that the respondents have misread the provisions of the Ordinances applicable for admission to M.D. IImul Advia. According to the petitioner a candidate holding a degree of BUMS from the Aligarh Muslim University (i.e., an internal candidate) is not required to have obtained 60% marks in the concerned subject for admission to M.D. IImul Advia Course. According to the petitioner the requirement of 60% marks is applicable only in respect of the candidates who have passed equivalent examination from other recognized institutions (i.e., external candidates). The petitioner has further relied upon the Ordinances applicable in respect of minimum qualifications for admission to M.D. IImul Advia of the academic year 2002-03.