Madhya Pradesh High Court
Rameshwar Singh vs Hari Singh Gour Vishwa Vidyala & Ors on 8 January, 2013
HIGH COURT OF MADHYA PRADESH AT JABALPUR
Writ Petition No.3495/2004
Rameshwar Singh...........................................................................Petitioner
Versus
Sir Hari Singh Gour Vishwavidyalaya, Sagar, and
others...........................................................................................Respondents
For the petitioner : Shri R. P. Singh, Advocate.
For the respondents: Shri Amit Khatri, Advocate.
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Present: HONOURABLE SHRI JUSTICE AJIT SINGH
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ORDER
(8.1.2013) The following order of the Court was delivered by :
Ajit Singh, J. By this petition, the petitioner has prayed for quashing of order dated 17.8.2004, Annexure P1, passed by respondent no.3 rejecting his application for admission to Master of Arts (M.A.) in Criminology & Forensic Science.
2. The petitioner has passed LL.M. as a regular student from respondent no.1 Sir Hari Singh Gour Vishwavidyalaya, Sagar. Respondent no.3 is the Head of Criminology & Forensic Science Department of respondent no.1. The petitioner applied for admission as a regular student to M.A. in Criminology & Forensic Science which is a post-graduate course. But respondent no.3 by the impugned order dated 17.8.2004 rejected the application mainly on the ground that Rule 35 of Special Rules for admission to M.A. course prohibits a candidate having obtained a post-graduate degree in one subject from admission for another post-graduate course as a regular student.
23. The relevant rules 35 and 38 of the Special Rules For Admission To M.A./M.Sc./M.Com. read as under:
35. If any candidate has been admitted to 1st year P.G. course and he discontinues his studies or has failed or passed in P.G. 1st year or has failed in P.G. II year or has discontinued his studies before examination, in that condition he will be eligible for admission to other P.G. 1st year course in some other subject depending on his merit. This facility will be given to a student only once.
However, having obtained a P.G. degree in one subject the candidate will not be admitted for another postgraduate Course as a regular student.
38. Special Rules are published separately for Admission in M.B.A.; BBA (Hons.); B.Pharm; M.Pharm; B.Sc. & M.Sc. Electronics, M.Sc. in Applied Microbiology & Biotechnology, LL.B.; LL.M.; Graduate and P.G. courses in Journalism & Mass Communication, M.Ed.; B.Lib. & M.Lib. Science, Diploma in Performing Arts, M.Tech. (Applied Geology), Diploma in Land Management, Diploma in Computer Application, Diploma in Criminology & Forensic Science, Diploma in Social Work and Extension, Diploma in Computer Linguistics, B.C.A.; M.C.A.; M.I.T. P.G. Diploma in International Business and P.G. Diploma in Petroleum Technology.
4. A reading of the above quoted Rule 35 clearly indicates that it will have no application in respect of those courses for which special rules are made under Rule 38. LL.M. is one of the courses for which special rules are published separately for admission under Rule 38. In other words, if a candidate has obtained LL.M. degree he would not be debarred for admission to another post-graduate course as a regular student. Unless so construed, the second part of Rule 35 "However, having obtained a P.G. degree in one subject the candidate will not be admitted for another postgraduate Course as a regular student" will become unreasonable which has to be avoided by rules of construction. The special rules for admission to LL.M. course also do not provide that a candidate who has passed LL.M. cannot take up another post-graduate course. For these reasons, the order dated 17.8.2004 passed by respondent no.3 cannot be 3 sustained and is accordingly quashed. The respondents are directed to grant admission to petitioner to M.A. in Criminology & Forensic Science course, if he is otherwise eligible.
5. The petition succeeds and is allowed but no order as to costs.
JUDGE ps