KUMARI RANJANA RAM Vs. CHANCELLOR OF PATNA UNIVERSITY

JUDGEMENT

(1.) The applicant applied for admission in 1967 session in the Prince of Wales Medical College, Patna. But the College authorities refused to admit her on the ground that the applicants, who were selected, were suprior to her in merit according to various clauses in the Ordinance issued by the Patna University Syndicate for admission of students to medical course (vide Annexure 'F' to the present application). Accordingly, the petitioner filed this application to this Court on the 5th January, 1968 for quashing the order of refusal passed by the authorities of the Medical College and also for striking down as invalid certain provisions of the Patna University Ordinance bearing on the question of admission of students to the Prince of Wales Medical College.

(2.) It is admitted that the applicant passed Higher Secondary Examination in science course having Biology as one of her subjects and was placed in the second division. It is stated that one Rashmi Rekha obtained only 45 to 46 per cent of marks but she was admitted, because she passed the Pre -University Examination of the Patna University, whereas the claim of the petitioner with much higher marks and having other qualifications including proficiency in sports and other academic attainments was ignored and she failed to secure admission into the aforesaid college.

(3.) Mr. C.K. Raman, on behalf of the petitioner, has drawn our attention, in this connection, to certain provisions of the Ordinance issued by the Patna University Syndicate in terms of Section 32 of the Patna University Act (Bihar Act III of 1962). It is not denied that if the provisions of the Ordinance were to be upheld as valid, the refusal of admission of the petitioner by the College authorities must be upheld as correct. The relevant provisions of the Ordinance to which our attention has been invited are given in Clause 2, which runs as follows: