NONI CHAWLA Vs. GURU NANAK DEV UNIVERSITY AMRITSAR

JUDGEMENT

(1.) This order will dispose of Civil Writ Petition Nos. 10374 and 10448 of 1993 common questions of law and facts are involved in both the matters. The facts, however, have been extracted from C.W.P. No. 10374 of 1993, Noni Chawla v. Guru Nanak Dev University, Amritsar.

(2.) Petitioners claim writ in the nature of mandamus directing the respondent to grant them admission in the course of Master of Computer Applications for the academic session beginning from August, 1993 the relief indicated above, rests on the facts as detailed in the petition which need to be noticed.

(3.) It is pleaded that Computer Science is comparatively a new science particularly in the under developed countries like India. The Government and Universities have been making great efforts to develop skills in Computer application in India so that this country may not lag behind in development. With a view to achieve this motive the respondent-University like many other Universities in India started a Course called 'Master of Computer Application' (hereinafter referred to as 'MCA"). It is stated to be three years" course where skills of Post graduate level in Computer science is imparted which is equivalent to something like M.Sc. in Science. There was no preparatory course at the under-graduate level at the time when the course in MCA initially started and that being so the graduates from various disciplines other than Computer Science who were interested in doing the course of MCA, were made eligible for admission in the said course. With a view to provide feeder stream of graduates for the course of MCA and other higher courses in Computer Science, respondent for the first time started a course known as "Bachelor of Computer Appliction" (hereinafter referred to as "BCA') in Khalsa College, Amritsar in the year 1990. Petitioner joined this Course in the year 1990 and, it is stated, toped the University by securing 1807 out of 2250 marks. During the three years" course of BCA, Mathematics was taught only in the first year and in the second and third years Mathematics at + 2 level was the requirement for admission to BCA course: She had qualified in Mathematics at + 2 level. She was taught Mathematics in the first year of BCA course but the same was equivalent to 10 + 2 level. Insofar as B.Sc. (Maths) is concerned, it is stated that Mathematics was taught for the full duration of three years and the standard of education imparted in the subject i.e. Mathematics was far higher than what is imparted in BCA. However, the applications for admission to MCA course were invited by the respondent University in July, 1993. The written test was held on 28/07/1993 and interview was held on 9/08/1993. In accordance with the prospectus, there were thirty seats in all for the MCA programme out of which fifteen seats were reserved and remaining fifteen seats were earmarked for general category. Petitioner, who belongs to general category, had applied in the quota meant for the said category. The minimum qualification for admission to MCA, as prescribed in the prospectus issued by the Guru Nanak Dev University for BCA students, is to have passed Mathematics at + 2 level. However, for the purpose of admission, a written test in the following three papers was taken by the respondent-University which included a paper of Mathematics. All the three papers carried equal marks:-