KAMINI BRIJLAL KHANNA Vs. VICE CHANCELLOR MARATHAWADA UNIVERSITY

JUDGEMENT

(1.) The petitioner is a graduate in Science from the University of Saugar in the State of Madhya Pradesh. She obtained her degree in the year 1971. By this petition, the petitioner is challenging the order at Exhibit 'F' passed by the Assistant Registrar (Examination), Marathwada University, Aurangabad, informing her that in view of the existence of the provisions of the ordinance, her request regarding the issue of eligibility certificate for admission to the B.Ed, class in the college affiliated to the Marathwada University during the year 1983-84 as a special case cannot be granted.

(2.) The petitioner seeks to get admission to the B. Ed. class in the Government College of Education, Aurangabad, which is affiliated to the Marathwada University. It appears that she applied to the said college for admission on 30th June 1983. A provisional admission was given to her. On 6th August 1983, she made an application to the Registrar, Marathwada University, through the said College, stating that she had taken admission in B. Sc. Part II of the Saugar University and she had also passed B. Sc. Part II from the said University and obtained the degree in the year 1971. She also stated that at the Intermediate Science Examination, which was recognised as equivalent to B. Sc. Part I of the University of Saugar, she had offered English as one of the compulsory subjects and passed in that subject also. She also stated that the Intermediate Science Examination conducted by the Board of Secondary Education, Madhya Pradesh, Bhopal, is recognised as equivalent to B. Sc. Part I Examination of the Marathwada University. She, therefore, stated that she should be treated as a student, who has completed her First Year B. Sc. course with English as the subject having been passed by her on the strength of Intermediate Science Examination, which was treated as equivalent to B. Sc. Part I examination. This application was replied to through the Principal of the College, after forwarding it to the University perhaps, and on 16th August 1983, it appears that the Assistant Registrar (Examinations) informed the Principal, Government College of Education, Aurangabad, where the petitioner was seeking admission, that students migrating from the jurisdiction of other Universities cannot be given admission to any course unless they obtain the eligibility certificate from the Marathwada University. It was also further mentioned in the said reply that while making scrutiny of the application of the petitioner, it was discovered that the petitioner had not passed in the subject of English at her B. Sc. Second Year Examination conducted by the Saugar University and, therefore, she is not eligible to seek admission to B. Ed. College and as such, eligibility certificate cannot be granted to her.

(3.) The petitioner again made an attempt by making an application on 19th August, 1983 repeating her grievance stating that by virtue of the equivalence of the. Intermediate Science Examination of the Board of Secondary Examination, Madhya Pradesh, Bhopal, with B. Sc. First Year of the Saugar University and by virtue of the fact that the degree of the Saugar University is recognised by the Marathwada University as equivalent to its degree examination, the condition of passing of English as compulsory subject stands fulfilled in her case. She further reiterated that she has already passed that subject at the Intermediate Science Examination, which is equated with the First Year B. Sc. Examination of the three year degree course and recognised by the Marathwada University as such and, therefore, she may be granted the eligibility certificate. This application also met with the same facts and, as stated earlier, the Assistant Registrar (Examinations) on 29th September 1983, in reply to this applicatian, informed the petitioner that in accordance with the existing provisisions of the Ordinance, eligibility certificate cannot be granted.