GOVINDAM SRI J RAM LALA AND AKHILESH KUMAR CHAUBEY ROODRA Vs. VICE CHANCELLOR BANARAS HINDI UNIVERSITY

JUDGEMENT

(1.) Heard Sri A.N. Srivastava, learned counsel for the petitioner and Sri V.K. Upadhyaya, learned counsel for the respondents. It is not necessary to call for counter affidavit from the respondents in view of the order proposed to be passed by this Court in the present writ petition.

(2.) The Executive Council of Banaras Hindu University, Varanasi, which is a Central University constituted under the Banaras Hindu University Act has framed rules/ordinances for admission to various courses including the course of the Ph.D. For admission to Ph.D. Course an entrance examination, which is commonly known as Research Entrance Test (RET) is held by the University. Under the aforesaid rules so framed by the Executive Council of the University in item mentioned at serial No. 14 with heading Registration, it is provided as follows: i

(3.) In view of the aforesaid statutory provisions a candidate Having less than 40% marks in entrance examination is not entitled to be admitted, however the University has a right to modify the minimum qualifying marks in the test for the purposes of admission. It is an undisputed fact that in the entrance examination conducted by the University for registration as a candidate in Ph.D. Course in the Animal Husbandry and Dairying, Institute of Agriculture Science for the academic session 2004-05, all of the candidates including the petitioners, who had appeared in entrance examination secured less than 40% marks.