SAMREEN ARIF Vs. CALCUTTA UNIVERSITY

JUDGEMENT

(1.) The petitioner has complained that the eligibility criteria laid down in B.A LLB admission notice for the academic year 2016 -2017 issued by the University of Calcutta is unlawful and that the right of the petitioner to partake in education is being curtailed by such imposition. The learned advocate for the petitioner has referred to the first eligibility criteria of the admission notice which stipulates that 10+2 pass or its equivalent for the year 2014, 2015 and 2016 will be eligible to seek admission for the academic session 2016 -20 -17 in respect of the B.A. LLB course.

(2.) The learned advocate for the University has submitted that the University has not prescribed any age limit. The eligibility criteria prescribed in the admission notice has been an exercise of powers of the University to prescribe the norms for admission. This eligibility criteria is not under challenge in the present writ petition. He has referred to the averments made in the writ petition and has commented that the writ petition does not contain any prayer with regard to the challenge to such eligibility criteria prescribed by the University authorities. He has submitted in such circumstances the writ petitioner is not entitled to any relief. I have considered the rival contentions of the parties and the materials made available on record.

(3.) Right to education has been acknowledged to be a fundamental right under Article 21 available to a citizen. In the present case the petitioner seeks to undertake B.A. LLB course under the Calcutta University. The petitioner has passed Class 12 under the Central Board for Secondary Education in the year 2011.