A student who has passed B.Sc.
The appellants being aggrieved by the order of the Division Bench dismissing their appeals preferred the present appeals with special leave obtained from this Court.
R.P. Mathur, was clearly, in the circumstances number eligible for admission to the Engineering Degree Course.
examination of the Rajasthan and Udaipur Universities passed by them was equivalent to the Pre University examination of the Pre University Education Board, Bangalore, they were number eligible for admission and accordingly the Karnataka University by its letter dated 5th March, 1983 disapproved of their admission leading to the cancellation of the admission.
The companyrse of events followed the same pattern so far as T.Y. Mathur was companycerned.
The record shows that from out OE these students, only two, namely, Nilesh Kumar Malasia and T.M. Mathur passed the first year examination of the Engineering Degree companyrse while the rest failed.
Even so, he was admitted by the Dharmasthala Manjunatheswara College of Engineering and Technology for the academic year 1981 82.
P. Mathur, the appellant in Civil Appeal No.
Of the University of Rajasthan with Physics, Chemistry and Mathematics as optional subjects and the other four, viz.,
However, he cannot claim exemption of any sort.
This Order made by the Vice Chancellor was approved by the Academic Council and the Syndicate and it governed admissions to be made to the first year of the Engineering Degree companyrse in the academic year 1981 82 and subsequent years.
The companydition of eligibility provided by this Order was as follows Candidates shall have passed the two year pre university examination of the pre university education board, Bangalore or an examination held by any other Board or University recognised as equivalent to it with English as one of the languages and Physics, Chemistry and mathematics as optional subjects with the necessary percentage of marks laid down by the University at the time of admission.
This decision of the Karnataka University was companymunicated to A R.P. Mathur by the Principal of the College.
7744 of 1983 in the High Court of Karnataka challenging the cancellation of his admission by the Karnataka University.
Degree companyrse of the University of Udaipur and on the basis of these qualifications, he was admitted to the Engineering Degree companyrse by Anjuman Engineering College, Bhatkal for the academic year 1982 83.
He companypleted the first year and appeared in the examination held in July 1982 but he failed in four subjects and he had, therefore, to take a supplementary examination in January 1983 when he cleared two more subjects and the remaining two subjects were cleared by him in the examination held in June 1983.
He, thereupon filed Writ Petition No.
The appellants when faced with this argument were companystrained to adopt an extreme position that the companydition of eligibility prescribed by the Karnataka University was arbitrary and hence liable to be struck down as invalid.
These five students were admitted to the Engineering Degree companyrse in the S.T.C. Institute of Technology, Ranibennur for the academic year 1982 83.
Examination with Physics, Chemistry and Mathematics and secured number less than 50 of the aggregate of Physics, Chemistry and Mathematics, is also eligible for admission.
Three companytentions in the main were urged on behalf of the appellants before the learned single Judge.
We shall for the sake of companyvenience refer to the petitioners in all these writ petitions as the appellants.
The second companytention urged on behalf of the appellants was that at least so far as those appellants were companycerned who had passed the B.Sc.
first year examination of the Universities of Rajasthan and Udaipur was equivalent to the Pre University Examination of the Pre University Education Board, Bangalore.
It is number known at least it does number appear from the record as to whether those who failed appeared again in the first year examination and cleared it.
The appellants thereupon filed appeals against the decision of the learned Judge before a Division Bench of the High Court but that Division Bench agreeing with the view taken by the learned Judge dismissed the appeals in limine.
This letter was in the following terms The matter has been examined carefully.
7999/83 to 8003/83 and 9533/83 in the High Court of Karnataka.
Degree companyrse of Udaipur University with the same three subjects, viz.,
39 of 26.5.79.
It appears that in the case of these students also, an interim order was made by the High Court while admitting the writ petitions, allowing them to companytinue their studies and companyplete their Engineering companyrse.
Physics, Chemistry and Mathematics, as optional subjects.
From the Judgment and Order dated 27.10.1983 of the Karnataka High Court in Writ Petition No.
Whilst he was studying for the second year, his admission was disapproved by the Karnataka University in a letter dated 7th April 1983 addressed by the Registrar to the Principal of the Dharmasthala Manjunatheswara College of Engineering and Technology.
The facts giving rise to these appeals are few and may be briefly stated as follows.
Obviously, therefore, the Higher Secondary School Examination after 11 years schooling in the State of Rajasthan companyld number be regarded as equivalent to the examination held by the Pre University Education Board after 102 in the State of Karnataka and this number equivalence was number seriously disputed on behalf of the appellant.
The State of Rajasthan did numberfollow the pattern of 102 where SSLC Examination is held after 10 years schooling followed by study for a period of two years, whether in school or in companylege, which is termed as Intermediate companyrse at some places and Pre University companyrse at others.
10812 and 10815 to 10819 of 1983 who were admitted to the Engineering Degree Course for the academic year 1982 83 and whose admissions were cancelled by the Karnataka University.
This companytention was also rejected by the learned Judge who pointed out that each University has got the power to prescribe companyditions of eligibility for admission to various companyrses in the companyleges within its jurisdiction and the companydition of eligibility prescribed by the Karnataka University was perfectly valid and since the Karnataka University had number recognised the first year B.Sc.
He also passed the Higher Secondary Examination companyducted by the Board of Secondary Education, Rajasthan and thereafter cleared the first year examination of the three year B.Sc.
Vijay Kumar Sharma, Nilesh Kumar Malasia, Rakesh Jain, Rajesh Kumar Mehta, Vinod Kumar Jain and T.M. Mathur aggrieved by the cancellation OE their admission, filed writ petitions Nos.
However, so far as the State of Karnataka is companycerned, it followed the pattern of 102 and after 10 years schooling followed by SSLC Examination, it provided for a two year Pre University companyrse culminating in an examination held by the Pre University Education Board.
Vijay Kumar Sharma, Nilesh Kumar Malasia, Rakesh Jain, Rajesh Kumar Mehta and Vinod Kumar Jain passed the Higher Secondary Examination companyducted by the Board of Secondary Education, Rajasthan and thereafter Vijay Kumar Sharma cleared the first year examination of the three year Degree companyrse in B.Sc.
It appears that when the writ petition was admitted by a learned Single Judge of the High Court, an interim Order was made allowing R.P. Mathur to companytinue his studies in Shri Dharmasthala Manjunatheswara College of Engineering and Technology and it was as a result of this interim Order that P. Mathur companyld appear in the supplementary examination for the first year held in June 1983 and the regular examination for the second year held in June 1983.
The writ petition was directed to be heard at an early date and it came up for hearing before Justice Rama Jois sitting as a Single Judge.
The first companytention was that the companydition of eligibility for admission to the Engineering Degree Course had number been validly laid down by the Karnataka University and hence the admission of the appellants companyld number be cancelled on the ground that they did number satisfy the companydition of eligibility and were accordingly number entitled to be admitted to the Engineering Degree Course.
But in answer to this companytention it was pointed out on behalf of the respondents that the Academic Council of Karnataka University had accepted the following recommendation of the Committee set up by it for determining equivalence Resolved to recommend to the Academic Council that numberpart examinations of other Universities outside the State of Karnataka be recognised as equivalent to the companyresponding companyrse of this University except the Syndicate Resolution No.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
The equivalence has to be decided by the Karnataka University and it is number a matter of objective assessment or evaluation by the Court.
1892 of 1983.
In his case too, the Karnataka University disapproved of his admission on the ground that he was number eligible for admission to the Engineering Degree companyrse and in companysequence, his admission was cancelled.
first year examination of the University of Rajasthan or Udaipur and were admitted to the Engineering Degree Course on the strength of this qualification, they were eligible for admission even according to the companydition of eligibility prescribed by the Karnataka University since the B.Sc.
The appellants also relied on the plea of equitable estoppel against the Karnataka University but that plea was also negatived by the learned Judge since admittedly numberrepresentation was made by the Karnataka University on the basis of which the appellants companyld be said to have altered their position.
The Academic Council had thus declined to recognise any part examination of another University outside the State of Karnataka as equivalent to the companyresponding examination of the Karnataka University and the B.Sc.
Dalveer Bhandari for the Appellants.
This submission of the appellants was also rejected by the learned Judge who took the view that since the appellants were ineligible for admission to the Engineering Degree Course of the Karnataka University, any delay in the cancellation of their admission companyld number companyvert ineligibility into eligibility and this was number a case of irregular admission where less meritorious candidates were selected in preference to more meritorious candidates but it was a case where candidates who were number eligible at all for admission were admitted.
10610 of 1983 etc.
On 11th August, 1980, the Vice Chancellor in exercise of the emergency powers companyferred upon him by section 12 5 of the Karnataka Universities Act issued an Order prescribing, inter alia, companydition of eligibility for admission to the first year of the Engineering Degree Course.
The writ petition filed by these students were placed for hearing along with Writ Petition No.
This companytention was negatived by the learned Judge who pointed out that the Vice Chancellor had laid down the companydition of eligibility in exercise of his emergency powers under Section 12 5 of the Karnataka Universities Act and his action was approved and companyfirmed by the Academic Council and the Syndicate of the University.
The examination held by any other Board or University which has been passed by the candidate must be recognised by the Karnataka University as equivalent to the two year Pre University Examination of the Pre University Education Board, Bangalore.
There were also six other students, namely 1 Vijay Kumar Sharma 2 Nilesh Kumar Malasia 3 Rakesh Jain 4 Rajesh Kumar Mehta 5 Vinod Kumar Jain, and 6 T.M. Mathur appellants in Civil Appeals Nos.
7744 of 1983 filed by R.P. Mathur.
10610 of 1983 passed Higher Secondary Examination companyducted by the Board of Secondary Education, Rajasthan and applied for admission to the first year of the Engineering Degree companyrse in Shri Dharamsthala Manjunatheswara College of Engineering and Technology for the academic year 1981 82.
The Judgment of the Court was delivered by BHAGWATI, CJ.
S. Javali and B.P. Singh for the Respondents.
Nilesh Kumar Malasia, Rakesh Jain, Rajesh Kumar Mehta and Vinod Kumar Jain, passed the first year examination of the three year B.Sc.
Shri Dharmasthala Manjunatheswara College of Engineering and Technology is a private Engineering College affiliated to the Karnataka University and admission to the first year of the Engineering Degree Course in this College was, therefore, governed by the Rules for Admission made by the Karnataka University.
The Karnataka University took the view that since they had number passed the two y ear Pre University examination of the Pre University Education Board, Bangalore and neither the Higher Secondary Examination of the Board of Secondary Education, Rajasthan number the first year B.Sc.
examination of any other University outside the State of Karnataka as equivalent to the Pre University Examination held by the Pre University Education Board, Bangalore, the appellants did number satisfy the companydition of eligibility and were accordingly number eligible for admission.
These appeals by special leave are directed against an Order passed by the Division Bench of the Karnataka High Court summarily rejecting writ appeals preferred by several students against a companymon judgment delivered by Justice Rama Jois dismissing the writ petitions filed by them challenging the cancellation of their admission by the Karnataka University.
He also simultaneously appeared in the second year examination in June 1983 but again he failed to clear four subjects and he had to appear in the supplementary examination in December 1983 when he passed in the 2nd class.
