Pranjal Verma And Sawalia Saurabh vs Union Of India And Ors.
1994 Latest Caselaw 464 Del

JUDGMENT

D.P. Wadhwa, J.

(1) The two petitioners seek a writ of mandamus against the respondents numbering three for admission to Delhi College of Engineering in the academic year 1994-95 on the basis of their ranking in the entrance test. The respondents are Union of India through the Secretary, Ministry of Human Resources; the Principal, Delhi College of Engineering; and the Vice Chancellor, University of Delhi.

(2) The petitioners passed 12th standard examination conducted by the Central Board of Secondary Education in the year 1994 securing respectively 51.3% and 58.3% marks in Physics, Chemistry and Mathematics, and also passed each of these three subjects. They say after the entrance test was held by respondents 2 and 3 for admission to Bachelor of Engineering Course in the Delhi College of Engineering,' the two petitioners ranked 24 and 44 respect

(3) The respondents have denied the right of the petitioners. They say with reference to Bulletin of Information issued regarding combined entrance examination for admission to Bachelor of Engineering Courses that educational qualifications were provided in para 1.2.1 which were to . the effect that a candidate must pass a qualifying examination apart from securing 60% or more marks in the aggregate of Physics, Chemistry and Mathematics and only that candidate shall be eligible for admission. This eligibility condition for admission was well known to the petitioners before they sat for the entrance test, and respondents say that petitioners now cannot solely rely on the guidelines issued by the All India Council for Technical Education. They say that the admission to Bachelor of Engineering Courses as well as most of the Engineering Courses are controlled by the Faculty of Technology, University of Delhi, and since the Delhi College of Technology is affiliated to University of Delhi, it has to follow the guidelines issued by the Faculty of Technology. It is submitted that while deciding the eligibility conditions for degree courses, the Technology Courses Admission Committee of Delhi University considered the guidelines issued by All India Council of Technical Education and observed that since only objective test was being held, therefore, minimum 60% marks criteria in Physics, Chemistry and Mathematics in the qualifying examination also deserved to be retained for subjective assessment. Respondents further submit that the combined entrance examination are being conducted from the year 1990 on the same pattern and since the examination is only an objective type, and for subjective assessment no separate examination is held. Therefore, for that purpose obtaining of minimum 60% marks in the qualifying examination, i.e., 10+2 or equivalent, would suffice.

(4) Petitioners have contended that in the Indian Institute of Technology and University of Roorkee, admissions are given on the basis of entrance test, and there is no such condition of securing minimum of 60% aggregate marks in Physics, Chemistry and Mathematics. The respondents, in answer, submit that in those institutes two types of tests are held - objective and subjective. It is only after a candidate passes the objective type test he is allowed to appear in subjective test, and it is on that account.that these institutes did not prescribe any minimum cut off percentage in the Board qualifying examination. We are of the opinion that the stand taken by the respondent is correct, and no interference by us is called for. University of Delhi has been established under a Central Act and it is governed by various statutes and ordinances. Faculty of Technology of the Delhi University examined the guidelines in its meeting in December last and recorded the following minutes:- "THE guidelines sent by the AICTE were discussed at length. The Committee in this connection noted that in case the minimum eligibility for entrance test is reduced from 60% in Pcm to the minimum pass percentage in 12+ Examinations, then the procedure for selection through entrance test will have to be changed by introducing subjective type of examination in addition to objective typ,e examination, at par with that of Roorkee University & IITs etc. where the eligibility for entrance examination for admission to B.E. Courses is pass in the 12+ Examinations. After detailed discussions the Committee recommended as under: 1) "The possibility be explored to make admission in Dce and Dit to B.E. Courses through Jee conducted by Iit to avoid multiplicity of examination for the students who have passed the 12th Class." After reconsidering the mattel: in detail, the Committee decided that the Entrance Test conducted by the University may be held as usual and no deviation be made in this procedure. The Members put on record that the Entrance Test is being conducted by the University very successfully without any case of complaint from any corner. "

(5) It cannot be said that such a restriction could not be put by the respondents and that they could not add to a minimum requirements formulated by the All India Council of Technical Education for admission to degree ' courses in Engineering.

(6) Mr. Mahajan, appearing for Delhi University, has referred to two decisions, one of this High Court and the other of the Punjab & Haryana High Court, in support of his submission. In Shri Ajay Malik v. Punjab University through its Registrar, Punjab University, Chandigarh and others. , the court held that in the matter of admission to LL.B. Course the University could fix a condition of eligibility for admission which was higher than the minimum qualification prescribed by the Bar Council of India under the Advocates Act, 1961. The court said that the power of the Bar Council was to prescribe a minimum condition of eligibility for admission for purposes of recognising a University degree so that a certain level of legal education could be maintained but it did not imply that a University to maintain its own academic standards was prohibited from raising the minimum qualification as prescribed by the Bar Council. In Jayshree Ravi and another v. University of Delhi and another, Cwp No. 2603/92, decided on 17 September 1993, the case of the petitioner was that the decision of the University of Delhi to lay down eligibility condition of minimum 50% marks in aggregate for appearance in the entrance test for admission to LL.B. Course was illegal, arbitrary, irrational and was violative of Articles 14 and 21 of the Constitution. The Court by majority held that the eligibility condition of 50% as cut off percentage was in no way violative of Articles 14 and 21 of the Constitution. This judgment, however, we do not find to be quite relevant to the issue involved in the present petition.

(7) We, therefore, do not find any merit in this petition. It is dismissed.