VIDYA YADAV Vs. KURUKSHETRA UNIVERSITY, KURUKSHETRA AND ANOTHER

JUDGEMENT

(1.) Petitioner applied for admission to Bachelor of Jouralism One Year Course. She took the written test with roll number 40. She sought the benefit of reservation as a member of the backward class B category. Though she was having Post-Graduate Degree with 60 per cent marks in Geography, she was denied admission on the ground that she did not possess the minimum basic qualification prescribed in the brochure. In this writ petition, she prays for the issuance of a writ of mandamus directing respondents to admit her to the Bachelor of Journalism One Year Course.

(2.) Handbook of Information (1997 - 98) published by Kurukshetra University, Kurukshetra, for admission to various courses was made available to us by the learned counsel representing the petitioner. As per that Handbook, minimum qualification prescribed for admission of Bachelor of Journalism (Practice & Management) one year's duration, is Bachelor's Degree with 55 per cent marks. Petitioner has no case that she was secured Bachelor's Degree with 55 per cent marks. Consequently, she does not satisfy the minimum qualification prescribed in the Handbook of Information. Her case is that she has taken Post-Graduate Degree in Geography with 60 per cent marks and, therefore, she is having the qualification for admission to the Course. This argument, though attractive, cannot be accepted in view of the specific provision contained in the Handbook of Information. As per the Handbook of Information, the minimum qualification prescribed in Bachelor's Degree with 55 percent marks. That qualification cannot be varied and it is settled law that provisions contained in the brochure are having the force of law and they are not to be varied mid-stream.

(3.) Learned counsel representing petitioner then brought to our notice a decision of a Division Bench of this Court in State of Haryana Vs. Shiv Datt, 1990(6) Services Law Reporter 799 , to support the argument that a higher qualification than the one prescribed in the brochure should be treated as sufficient for admission to the course. The said Division Bench decision, we are afraid, cannot apply to the facts of the case at hand. The facts in Shiv Datt's case (supra) dealt with by the Division Bench, were the following. As per the notification, for appointment to the post of Teacher, Diploma in Education, was prescribed as the basic qualification. Then the question arose, whether a person having Bachelor's Degree in Education, is competent to apply for the post. The higher qualification than the one prescribed in the notification for the post of Teacher, was treated as sufficient qualification. In the instant case, basic qualification has been prescribed by the Handbook of Information as Bachelor's Degree-with 55 per cent marks. That basic qualification cannot be alterned on the ground that the petitioner has got Post-Graduate Degree. Consequently, the Division Bench decision in Shiv Datt's case (supra), cannot have any application to the facts of case at hand.