GARIMA DIXIT Vs. UNIVERSITY OF RAJASTHAN

JUDGEMENT

(1.) THE petitioner in this writ petition, has challenged the communication dated 28. 6. 2006 issued by the Rajasthan Institute of Speech and Hearing, Jaipur, namely, respondent No. 3 and the letter dated 21. 6. 2006 addressed to the Principal of respondent No. 3 by the Registrar, University of Rajasthan. THE petitioner was admitted to the Research Education & Audiological Development Society in the four years' degree course of Bachelor in Audiology Speech Language Pathology. He prosecuted studies for complete one year. At the time when the petitioner was due to appear in the examination, the Registrar of the University vide letter dated 21. 6. 2006 informed the Principal of that College that on scrutiny of his enrollment form it has been observed that the petitioner was not eligible for admission as the petitioner is having lower percentage of marks than required. It was, therefore, directed that the admission of the petitioner be cancelled. On that basis, the Director of the Institute informed the petitioner about the same. It is against that order that the petitioner has approached this Court by filing this writ petition.

(2.) LEARNED counsel for the respondents argued that the marks secured by the petitioner in the supplementary examination cannot be added to arrive at 50% as per clause 4 of the instruction issued by the Rajasthan Secondary Education Regulations, 1957. The aforesaid clause provides that such candidates who appeared in the supplementary examination and secured minimum required marks, they will be declared as pass only and no division shall be provided to them. The learned counsel for the respondent has for the purpose of analogy also referred to provision 193-C of the University Ordinance which provides that such candidate would not be entitled to division on account of increase in marks and it has also been submitted that for the purpose of declaring them pass, only minimum shall be added for the subject concerned.

(3.) IN order to appreciate the rival submissions, it would be appropriate to extract the relevant rule of admission which has been relied on by the respondents for cancellation of admission, which is as under:- 2. Admission Criteria Bachelor IN Audiology And Speech-Language Pathology: a. Education: Minimum requirement : Candidate who have successfully completed the pre-university examination of any recognised university (in INdia) or equivalent of 10+2 education in INdia or abroad. b. The subjects at the 10+2 or equivalent level. A candidate who has passed 10+2 in science with physics, chemistry and biology (with aggregate of 50% marks) will be eligible for admission to the course. c. Age: Minimum age must be 17 years on the last day of year of admission to this course. "