AJAY VYAS Vs. UNIVERSITY OF RAJASTHAN

JUDGEMENT

(1.) Matter has come up on application of petitioner seeking declaration of result of examination of B.C.A., in which he appeared under interim orders of this Court. Vide order dt. 01/12/2008, this Court observed to finally dispose of the matter; hence at joint request, matter has been finally heard at admission stage. Petitioner qualified Senior Secondary School examination, 2006 from Central Board of Secondary Education ("CBSE") as is evident from mark sheet dt. 23/05/2006; and on the basis thereof, applied for joining Under-graduate Course viz. Bachelor of Computer Application ("BCA") in an Institution duly recognised by respondent University. As per prospectus for academic session 2006-07 published by respondent University, only condition of edibility for admission to the BCA was 10+2 or any other equivalent qualification; while at the same time, for other Under-graduate Courses like B.Sc./B.A./B.Com (Pass course/Honours) & B.Sc. (Home Sc.), eligibility for admission has been specifically mentioned as 48% or 50% marks, as the case may be, in qualifying examination of 10+2 course. But, to be more specific, there was no minimum percentage of marks fixed or referred to by respondent University in their published prospectus for admission in BCA course in academic session 2006 - extract whereof has been placed on record as Annexure 2.

(2.) Petitioner since held minimum academic qualification of Sr. Secondary School examination from CBSE as per mark sheet (Ann.1), claiming himself eligible as per condition under prospectus published for academic session of 2006-07, took admission and joined BCA course in Jasoda Devi College, Jaipur (respondent No. 3) which is recognised & approved institution of respondent-University; and deposited requisite fee vide Annexure 4. After undergoing his studies of BCA 1st year course, his examination form was also sent to respondent University. However, petitioner since was not issued admission card for BCA examination, 2007, he approached this Court.

(3.) Since the University failed to respond as to why petitioner was not considered/permitted to appear in examination having become due in 2007, this Court vide interim order dt. 08/05/07 permitted the petitioner to appear in BCA (Part- I) examination, 2007 scheduled to commence w.e.f. 09/05/07 - result whereof was referred to in order dt. 31/03/2008 whereby he was further permitted to appear in BCA (Part-II) examination, 2008 subject to final decision of the case.