Bombay High Court
Station Road vs Swami Ramanand Tirth Marathwada on 10 January, 2013
Author: A.H. Joshi
Bench: A.H. Joshi, Sunil P. Deshmukh
Wp10213.12
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WRIT PETITION NO. 10213 OF 2012
Samina Parveen Abdul Sattar
Age 28 years, Occ. Student
R/o. Mohamed Umar Gadipura
Near Shahi Masjid
Station Road,
Parbhani.
.. Petitioner.
Versus
1] Swami Ramanand Tirth Marathwada
University Nanded through
its Registrar.
2] Controller of Examination
Swami Ramanand Tirth Marathwada University
Nanded
3] Eligibility Department,
Swami Ramanand Tirth Marathwada University
Nanded
4] Dnyanprasarak Shikshan Mandal's
College of Art's Commerce an Science
Parbhani (Maharashtra)
Through, Principal.
..Respondents.
Ms. Surekha Mahajan , Advocate for petitioner.
Mr. U.S. Malte, Advocate for respondent Nos. 1 to 3.
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Wp10213.12
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CORAM :- A.H. JOSHI &
SUNIL P. DESHMUKH, JJ.
DATE :- 10th JANUARY, 2013.
JUDGMENT [PER A.H. JOSHI, J.]:-
1] Rule. Rule made returnable forthwith. Heard finally by consent of parties.
2] The petitioner has approached this court with the following main prayers :-
"[B] By issuing Writ of Mandamus or any other appropriate writ order or direction in the like nature the respondent may kindly be directed to grant the eligibility number to the petitioner. Further respondent Nos. 1 to 3 may kindly be directed to declare the result of petitioner of IInd Semester of M.Sc.(Mathematics) forthwith.
[C] By issuing Writ of Mandamus or any other appropriate writ order or direction in the like nature the respondent No.1 to 3 may ::: Downloaded on - 09/06/2013 19:33:33 ::: Wp10213.12 3 kindly be directed to declare the result of the petitioner of IInd Semester of M.Sc. (Mathematics) forthwith and further the respondent No.4 may kindly be directed to allow the petitioner to continue remaining course of M.Sc.(Mathematics)".
3] During pendency of the petition, the question as to eligibility of the petitioner was decided against the petitioner. The petitioner has elected to argue the petition without incorporating any amendment in the writ petition. It is urged that the pleadings and documents already placed on record are adequate to support the prayers and the purpose of the petition.
4] The factual background, as urged before us is mentioned as below :-
(a) Petitioner has obtained :-
degree of B.Sc.(Computer Science) from the respondent - Swami Ramanand Tirth Marathwada University in April/May 2007;::: Downloaded on - 09/06/2013 19:33:33 :::
Wp10213.12 4 B.Ed. qualification from Dr. Babasaheb Ambedkar Marathwada University upon migration to said University.
(b) Thereafter the petitioner has again got migrated to the respondent University.
She took admission to M.Sc.
(Mathematics) Course in the college
- respondent No.4, affiliated to the respondent No.1, in 2009.
(c) Petitioner has appeared for the 1st Semester Examination of the M.Sc.
(Mathematics) course. She has obtained 175 marks out of 300 marks. In said examination.
(d) The petitioner also appeared for the 2nd Semester of M.Sc.(Mathematics) examination.
(e) The Result of petitioner's performance in 2nd Semester of M.Sc.(Mathematics) is not declared.
(f) The petitioner submitted application to the respondent No.2 and requested to declare the result.
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(g) Petitioner was orally informed that her result cannot be declared for want of certificate of eligibility for admission to study of degree course - M.Sc.(Mathematics)
(h) During the pendency of the petition, she is served with an intimation communicating that the result of her performance at 2nd Semester of M.Sc. ig (Mathematics) cannot be declared for want of eligibility for admission to the said course. The ground assigned towards deficiency is that she did not pass the B.Sc. Degree course with Mathematics as optional subject.
6] During the oral submissions and in the midst of hearing, learned Advocate for the petitioner has tendered certain documents across the bar. These documents are :-
(a) Copy of statement of marks secured by the petitioner at B.Sc.(Computer Science) and;
(b) copy of syllabus of B.Sc.(Computer Science) degree course now made part of record.::: Downloaded on - 09/06/2013 19:33:33 :::
Wp10213.12 6 These documents are kept/taken on record at the bottom of the paper book.
7] Learned Advocate for the respondent Nos. 1to 3 has tendered the set of Rules governing admissions to Post Graduate course run by it or institutions affiliated to it. Said set of Rules is also taken on record and kept in the paper book.
8] Based on the documents placed on record with the petition and tendered lateron, the petitioner has made the following submissions :-
(a) The petitioner has completed graduation with B.Sc.(Computer Science).
(b) Petitioner had to write in the examination for 1st and 2nd Semester for 1300 marks and in total for 3900 marks.
Out of those, she had to write for examination in the papers related to Mathematics for subjects and marks as shown below :-
::: Downloaded on - 09/06/2013 19:33:33 :::Wp10213.12 7 SUBJECT ASSESSED FOR MARKS [i] Discrete Mathematical structures and Fundamentals of Statistics : 100 [ii] Fundamentals of Statistics : 100 [iii] Algebra and Graph Theory : 100 [iv] Statistical methods : 100 Thus, the petitioner has written four papers for 400 marks in total, at B.Sc.(Computer Science) 1st year in two semesters.
9] In substance, the petitioner is craving for a declaration that the study and writing of papers by the petitioner in subject of Mathematics at B.Sc.
(Computer Science) for 400 marks be regarded as due and adequate qualification equal to passing B.Sc.
(Mathematics), i.e. B.Sc. with Mathematics as optional (main) subject.
10] The University has opposed the petition urging that :-
(a) B.Sc.(Computer Science) cannot be ::: Downloaded on - 09/06/2013 19:33:33 ::: Wp10213.12 8 equated with B.Sc.(Mathematics).
(b) Petitioner does not possess the eligibility to get admitted to M.Sc.
(Mathematics) Course.
(c) The Rules require that for admission to Post Graduation-Masters degree course, the student should have passed the degree course with the subject opted ig for Post-graduation as optional (main) subject.
(d) Petitioner's graduation is not in Mathematics as Optional (main) subject.
11] University has placed reliance on the following Rules regarding admission :-
Rule 5 : Graduates of this University seeking admission to post graduate courses for the same faculty in this university are not required fresh eligibility number.
Rule 5.1: Student having obtained eligibility previously for admission to a particular faculty wants to change ::: Downloaded on - 09/06/2013 19:33:33 ::: Wp10213.12 9 the faculty he will have to obtain fresh eligibility.
Rule 6 : The admission to all the post graduate courses in the University campus school affiliated colleges/institute will be finalized by the concerned. The list of final admitted students as approved by the Vice-Chancellor must be attached with the statement of Eligibility forms (proforma of the statements is enclosed ig at Appendix "A") Rule 6.1 : The Final list of admitted students to post graduate courses as approved by the Vice Chancellor be displayed on notice Board.
Rule 8.4: The Principals/Head of University Schools are requested to note that irregular admission will not be rectified under any circumstances.
12] We have considered the rival submissions and perused the documents and the evidence relied upon by respective parties.
13] As we have seen from record, undisputed facts are as under :-
(a) The statement of marks of the ::: Downloaded on - 09/06/2013 19:33:33 ::: Wp10213.12 10 petitioner of various semesters of B.Sc.(Computer Science) is on record.
(b) The petitioner has secured the marks in various semesters of B.Sc (Computer Science) as follows :-
B.Sc. (Computer) Total Marks
Course marks secured by
petitioner
Semester I and II 1300 1014
Semester III and
IV
Semester V and VI
1300
1300
916
875
(c) Petitioner has secured in all 2806
marks out of 3900 marks in all six semesters.
(d) For Semester I and Semester II, the petitioner was examined for 100 marks each subject related to Mathematics and Statistics, in total 400 marks.
(e) Thus, out of examination of 3900 marks of B.Sc.(Computer Science) petitioner was examined for subject/papers related to Mathematics and Statistics as compulsory subject for 400 marks only.
14] Case also proceeds on one more undisputed aspect ::: Downloaded on - 09/06/2013 19:33:33 ::: Wp10213.12 11 namely :-
At the graduation/degree level the subject Mathematics or other traditional branches of study are different streams as is case with Computer Science. A student has to opt and take/get admission to the stream of specialization. The graduation with optional stream is thus `main' subject as stream. Thus, B.Sc.(Mathematics) means B.Sc. with Mathematics as Optional subject i.e. as `main' subject.
ig 15] The fact that the petitioner has appeared in 4 subjects of Mathematics during her B.Sc.(Computer Science) degree Course i.e. for 400 out of 3900 marks, is foundation of her claim. Based on this foundation, petitioner contends that it be held and declared that she has undertaken the study in Mathematics with equal weightage as if she has passed B.Sc. with Mathematics as "Optional subject".
16] It is evident that the prayer of the petitioner is for a Writ of Mandamus. For making a prayer for writ of Mandamus, the petitioner has to show that the petitioner ::: Downloaded on - 09/06/2013 19:33:33 ::: Wp10213.12 12 has a statutory justiciable legal right and as also, as to whether the respondents have refused to honour the said right or discharge the corresponding legal obligation.
17] We have also to see if the petitioner's alternate prayer for quashing the express or implied decision of refusing the eligibility to the petitioner is required to be quashed, by issue of a writ of Certiorari. Even for this purpose, the petitioner will have to show that the action of the respondents is either without an authority of law or erroneous or illegal.
18] It was within petitioner's choice to place on record copy of Curriculum to demonstrate that even for B.Sc.(Mathematics) i.e. Mathematics as an Optional subject.
Had she done this, it could have been a foundation for the petitioner to substantiate that since the petitioner had to appear for the papers of Mathematics only for 400 marks those were for the same syllabus, volume, quality and level of study usually undertaken by the students who have to write for the examination of the decree course of B.Sc.
(Mathematics) i.e. Mathematics as optional subject.::: Downloaded on - 09/06/2013 19:33:33 :::
Wp10213.12 13 20] Petitioner has failed to lay hands, bring on record and show any rule in support of her contention that a student who does not have Mathematics as Main i.e. Optional Subject at graduation is qualified, eligible and is entitled to be admitted to M.Sc.(Mathematics) and has a right to get the certificate for eligibility.
21] Reference to provisions of the Maharashtra Universities Act, 1994 will show that various authorities of the Universities and their powers have been prescribed in Chapter III and IV, and by the statutes and ordinances made thereunder. These authorities enjoy exclusive authority and power over the academic matters.
22] We are conscious of the fact that we do not possess any adjudicative authority which academic authorities of University enjoy. By virtue of law they are empowered to decide the equivalence of examination to be conducted by the University itself or any other University and degrees to be awarded thereafter. The Authorities of the University are vested with power, ::: Downloaded on - 09/06/2013 19:33:33 ::: Wp10213.12 14 authority and competence to decide whether the study of :-
""Mathematics" at the level of B.Sc. (Computer Science) specialization would be equal to study of Mathematics as a special or optional subject at B.Sc.(Mathematics)."
Therefore, we cannot usurp said power and sit in a judgment as to equation.
23] The power in relation to academic matters are vested with the authorities. It is well settled that role of courts in academic matters is very limited rather those are almost excluded. The court has to observe self-restraint and has to decide the case accordingly.
24] We can and have to see the facts as pleaded and admitted by the University.
25] In order to find out as to whether there is a legal right, existance whereof is imperative either for issuance either of Writs. We need to advert or refer ::: Downloaded on - 09/06/2013 19:33:33 ::: Wp10213.12 15 to the facts once again, as hereinafter.
26] It is shown on record that at the examination of B.Sc.(Computer Science), the petitioner had to write papers for total 3900 marks. In the entire B.Sc.
(Computer Science) study, the petitioner had to write in all four papers of 100 marks each for Mathematics, Geometry and Statistics together, i.e. for 400 marks.
Thus, if we calculate the percentage of marks reserved for Mathematics, Geometry and Statistics together, at B.Sc.(Computer Science) degree, it comes to less than 10% of the total marks.
In this peculiar fact situation, it will be extremely difficult proposition to accept and rule in favour of the petitioner that a student having appeared for B.Sc.(Computer Science) with less than 10% marks apportioned for subject Mathematics, Petitioner could be considered to be qualified for being admitted to Post graduate course - (M.Sc. Mathematics).
27] We have observed as in foregoing paragraph only because the petitioner wanted a declaration that ::: Downloaded on - 09/06/2013 19:33:33 ::: Wp10213.12 16 her candidature is worthy, eligible and qualified. Had there been any rule carving out an exception to graduates from any other faculties having appeared in any other subject to be considered eligible and had the petitioner fallen in that category, the petitioner could have had a different foundation. This is not the situation in the instant case either on facts or in accordance with rules.
28] The fact that petitioner was admitted to M.Sc.(Mathematics) Course, by itself or in isolation does not constitute adequate ground for her eligibility.
We have quoted few amongst the rules in foregoing paragraph No.11. When we consider entire body of rules, the effort is to avoid autocratic attitude of the colleges and institutions to grant admissions irrespective of the eligibility. Even pecuniary penalty is provided against the managements who grants admissions contrary to rules. In the present case, admission to a Post Graduate Course is not final unless it is approved by the Vice Chancellor.
::: Downloaded on - 09/06/2013 19:33:33 :::Wp10213.12 17 In this background, the petitioner's admission to the course of M.Sc.(Mathematics) itself was de-hors the Rules of eligibility. In any eventuality, the petitioner was not eligible for admission on account of inherent lack of qualifying degree.
29] In the result, the petition is devoid of any substance. It deserves dismissal, and same is dismissed. Rule is discharged, however, in the circumstances of the case, parties are directed to bear own costs.
[SUNIL P. DESHMUKH,J] [A.H. JOSHI,J] grt/-
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