BANARAS HINDU UNIVERSITY VARANASI Vs. ANIL KUMAR RAI

JUDGEMENT

(1.) The fate of this case turns on the interpretation of the provisions made in the Information Bulletin of University entrance Test 1995-96 issued by the Banaras Hindu University regarding eligibility qualifications for admission in three year M.C.A. of computer centre under the Banaras Hindu University Varanasi and para 16 regarding reservation/ weightage and interaction of such provisions with other provisions in the Information Bulletin.

(2.) The Banaras Hindu University, Varanasi (B.H.U. for short) through its Registrar, Deputy Registrar and Coordinator Computer Centre filed this Special Appeal challenging the judgment of this Court in Civil Misc. Writ Petition No. 4355 of 1996 in which the learned single Judge allowed the writ petition filed by the respondent Anil Kumar Rai and ordered that the petitioner shall be allowed admission on the basis of his result in the entrance examination for the category of candidates coming within the purview of para 16(b) of the Information Bulletin and other consequential orders.

(3.) The gist of the case of the appellants, as pleaded in the counter affidavit filed before the learned single Judge and also in the memo of appeal and the affidavits filed before us, is that the writ petitioner/respondent was not entitled to be admitted in the M.C.A. course under para 16(b) since he does not possess the minimum eligibility qualification for seeking admission in the course. In other words, the case of the appellants is that the respondent, who is a science graduate, had not secured 50 per cent marks at the graduation stage and, therefore, was not eligible to seek admission in the course. On the other hand, the case of the writ petitioner/respondent in this regard was that as per the provisions contained in the Information Bullettin the cut off mark of 50 per cent is not applicable in case of a graduate and further that the respondent having been permitted to appear in the entrance test and having come out successful in it cannot be denied admission in the course.