Rajasthan High Court - Jaipur
Namita Jain vs University Of Raj And Ors on 10 May, 2011
Author: Mohammad Rafiq
Bench: Mohammad Rafiq
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR ORDER IN S.B. Civil Writ Petition No.8027/2007 Namita Jain Vs. The University of Rajasthan and Others Date of Order ::: 10.05.2011 Present Hon'ble Mr. Justice Mohammad Rafiq Shri Aslam Khan, counsel for petitioner Smt. Aradhna Sharma and Shri Vinod Gupta, counsel for respondents #### By the Court:-
In this case petitioner approached this court when she was debarred from appearing in P.G.D.C.A. Examination 2007 by respondent University.
Contention of learned counsel for petitioner is that petitioner took admission with respondent no.2 S.S. Jain Subodh P.G. College, Computer Science Department, Jaipur. At the time of admission, petitioner produced all documents as well as her mark-sheets. She did not make any concealment. However, when examination form was submitted, she was informed that respondent University of Rajasthan has held her ineligible for admission to that course and therefore she has been denied permission to appear in the examination.
Relying on judgment of this Court in Mohanlal Sukhadiya University, Udaipur Vs. Rajesh Kumar Makhija and Another 2006 (3) WLC (Raj.) 43, it is argued that respondents, by their conduct, are estopped from raising any question about eligibility of petitioner having granted admission to Post Graduate Degree Computer Application Course (for short 'P.G.D.C.A. course') and allowed her to pursue the studies for entire duration of the course of one year.
Learned counsel also cited judgment of this Court in Seema Choudhary Vs. The Coordinator, PTET Examination 2007, Maharshi Dayanand Saraswati University, Ajmer and Others S.B. Civil Writ Petition No.1929/2008, decided on 22.07.2009, in which case also petitioner did not secure minimum required 50% marks entitling her to appear in PTET examination 2007 to study B.Ed. Course. She was admitted on that basis and thereafter when an objection was raised, the court held that petitioner cannot be denied right to pursue studies and directed respondents to declare her result.
Learned counsel also cited Admission Policy 2007-2008 of State Government with regard to admission to government/aided colleges and in Part II whereof it is provided that in case a seat remains vacant, relaxation to the extent of five percent in minimum pass marks of eligibility shall be granted to female candidates.
Learned counsel for respondents opposed writ petition and argued that according to Ordinance 0.224 of the University Ordinances only a candidate, who has passed a Bachelor's or Master's Degree in any faculty of the University or of any other University recognized for the purpose by the Syndicate, with atleast 48% marks in aggregate, shall be eligible for admission to the P.G. Diploma in Computer Application course. Even if respondent no.2 college, which is affiliated to University of Rajasthan, has erroneously granted permission to the petitioner, that would not bind respondent University to grant permission to petitioner to appear in said examination directly. Learned counsel for respondent submits that petitioner has not secured aggregate 48% marks but she secured only 46.56% in aggregate in B. Com. Examination and hence she is ineligible.
This court, while issuing notice of writ petition, directed respondents to provisionally permit petitioner to appear in the examination. However, result of said examination shall not be declared save with prior permission of the court. On application of petitioner, the respondent University was directed to produced result of the petitioner so as to know whether she has cleared her examination. Result was produced before this court on 06.05.2011 of the candidate, according to which petitioner was shown to have passed the examination.
Although, it is true that according to Ordinance 0.224 of the University Ordinances only a candidate who has passed a Bachelor's or Master's Degree in any faculty of the University or of any other University recognized for the purpose by the Syndicate, with atleast 48% marks in the aggregate shall be eligible for admission to the P.G. Diploma in Computer Application course. But in this case, it is also not disputed that petitioner, who is a female candidate, was granted admission by respondent College, she studied for entire duration of the course, which is of one year and ultimately under order of this court, permitted to appear in the examination and thereafter as became evident from her result, has even passed the course.
Learned counsel for petitioner has produced before the court the Admission Policy 2007-08 of the State Government, according to which if seats remain vacant the female candidates have to be granted relaxation to the extent of five percent. This admission policy is intended to boost and encourage female education. In a situation like this, this matter ought to receive consideration of the Vice Chancellor of the respondent University of Rajasthan for grant of relaxation.
In the circumstances, this writ petition is disposed of requiring petitioner to make a representation to the Vice Chancellor for grant of that relaxation of five percent, within a period of one week, who shall within a period of one month, pass appropriate order thereon keeping in view the discussions made above.
Writ petition is accordingly disposed of.
(Mohammad Rafiq) J.
//Jaiman//