SHREYA SAHA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THIS application is at the instance of a student having the degree of B.A. honours in English and is filed for issuance of a writ in the nature of mandamus directing the respondents for allowing the petitioner to apply for admission to the first year of Master of Arts (M.A.) course under the University of Calcutta contending, inter alia, that the eligibility criteria of the University of Calcutta, imposing restriction on the honours graduates passing out of the University of Calcutta prior to the previous year are ultra vires to Article 14 of the Constitution of India and for other consequential reliefs.

(2.) THE short fact necessary for the purpose of disposal of this application is that the writ petitioner passed the B.A. examination with honours in English from the St. Xavier's College (Autonomous) in 2010 and she was preparing for competitive examinations of the Civil Services conducted by the Union Public Service Commission and as such, she was late in applying for admission to the M.A. course in English under the respondent university. For the Academic Session 2012-13 she intended to get admission to the M.A. courses under the University of Calcutta. She has also contended that she obtained 470 marks out of 800 in the B.A. examination with honours in English and the last candidate who was admitted to the M.A. course for the Session 2012-13 obtained only 461 marks out of 800 and as such there was a discrimination. The petitioner has also contended that while there is a restriction as to allowing the students for admission prior to the previous year, there is no such restriction in respect of the students passing from other universities and are willing to get admission under the University of Calcutta. So, the writ petition has been filed for the reliefs already stated.

(3.) NOW , the following questions have arisen for decision in the writ petition:-