Rajasthan High Court - Jodhpur
Suresh Kumar Bohra vs Registrar, J.N.V.University,Jodhpur on 29 July, 2010
Author: Govind Mathur
Bench: Govind Mathur
1
S.B. CIVIL WRIT PETITION NO.6686/2007
Suresh Kumar Bohra
Vs.
Registrar, Jai Narayan Vyas University, Jodhpur
DATE OF ORDER : 29.7.2010
HON'BLE MR. GOVIND MATHUR, J.
Mr. I.R. Choudhary, for the petitioner.
Mr. R.S. Shekhawat, for the respondent.
Admission was denied by respondent-University to the petitioner on the count that the eligibility prescribed is that the incumbent should have qualified First Year Examination (Old Course) or 10+2 or Senior Higher Secondary or Intermediate Examination from any recognized University or Board or equivalent examination conducted by a University or Board in India or abroad, recognized by this University but the petitioner was not possessing the same.
While challenging the act of respondent-University, it is contended by the learned counsel for the petitioner that as per the University Prospectus, the qualification prescribed is Higher Secondary i.e. possessed by the petitioner. It is also stated by the learned counsel for the petitioner that even if it is assumed that the petitioner was not possessing the requisite qualification 2 as per the University Ordinance, then too he is entitled to be continued in B.Com First Year, which the petitioner was undergoing provisionally in view of interim order passed by this Court on 10.10.2007 and during the pendency of this writ petition the petitioner has acquired the certificate of Senior Secondary School Examination.
Per contra, the stand of learned counsel for the University is that the eligibility prescribed for admission to B.Com Ist Year examination as per Ordinance 36-B of Jai Narayan Vyas University and that is not available with the petitioner.
From a bare reading of Ordinance 36-B, it is quite clear that the admission can be given in three years' degree course to a person who is having Senior Secondary School Certificate Examination under the 10+2 scheme. The petitioner is admittedly having a Higher Secondary School Examination Certificate in 10+1 scheme and, as such, he is lacking the statutory eligibility for admission in three years degree course. True it is, admission was given to the petitioner in B.Com Ist Year in pursuance of the interim order passed by this Court and during the pendency of this writ petition, the petitioner has acquired the eligibility, however, admittedly on the day of 3 admission, the petitioner was not having such qualification. The eligibility of the petitioner is required to be examined on the day admission was given to him and not the other subsequent day, as such, I do not find any merit in the petition. Accordingly, the same is dismissed.
(GOVIND MATHUR), J.
Sanjay/