Arif Hussain vs Rohilkhand University and Others

Sudhir Narain, J.—The Petitioner seeks writ of certiorari quashing the order dated 19.11.1996, issued by the Assistant Registrar (Administration) Rohilkhand University, Bareilly, whereby the Petitioner was informed that the Petitioner can seek admission in M.A. Sanskrit and other allied subjects on the basis of degree of Shastri with English obtained from Sampurnanand Sanskrit Vishwavidyalaya, Varanasi but was not entitled to be admitted to Master of Business Administration (in short M. B. A.) course.

The Registrar, Rohilkhand University, Bareilly, (hereinafter referred to as the University) invited applications for admission to the course of Master of Business Administration, Part Time Three Years Programme in the Faculty of Management. The Petitioner applied for admission to this course. The Petitioner was called for appearing in group discussion and interview. He appeared for group discussion and interview on 28.9.1996. The result was published in the newspaper ''Dainik Jagaran'' dated 5.10.1996, wherein he was shown as successful candidate in the O.B.C. category. He was later on refused admission on the ground that he has obtained Shastri Degree from Sampurnanand Sanskrit Vlshwavldyalaya and, therefore, he was not entitled to be admitted to M.B.A. course on such degree. He was entitled only to seek admission in M.A. in Hindi, Sanskrit or other allied subjects. He was communicated the decision of the Registrar of the University by letter dated 19th November, 1996.

On behalf of the Respondents, counter-affidavit has been filed. In the counter-affidavit it has been stated that the University has recognised Shastri degree issued by the Sampurnanand Sanskrit Vlshwavldyalaya, Varanasi only for the purpose of seeking admission in M.A. Hindi, Sanskrit or other allied subjects but a candidate is not entitled to seek admission in any technical education as M.B.A.

The short controversy is as to whether the degree of Shastri of Sampurnanand Sanskrit Vlshwavldyalaya is equivalent to B.A. degree of the University and if so, whether any candidate who has obtained such degree, is entitled to seek admission to M.B.A. course.

The State Government has issued an order indicating that the Shastri degree of Sampurnanand Sanskrit Vlshwavldyalaya, Varanasi is equivalent to B.A. degree of any University established under any statute. .

Sri M. S. Negi, learned counsel for the Respondents urge that a candidate is entitled for admission only when he satisfies the conditions of eligibility as provided u/s 45 of the U.P. State Universities Act, 1973. Much emphasis was laid on Section 45(1)(a)(ii) of the Act which provides that a student shall be eligible for admission to the course of study for a degree unless he has passed any examination or any degree of any other University, being an examination or degree recognised by the University is equivalent to the Intermediate Examination or to a degree of the University. It is contended that University can recognise the degree of other University with certain conditions and no student can compel the University to recognise any degree for all purposes.

It is admitted that Respondent No. 1 has recognised Shastri degree equivalent to B.A. degree. If a student of the University has passed B.A. examination with subjects Hindi, Sanskrit and English and obtained B.A. degree, he is entitled to seek admission to M.B.A. course. There does not seem to be any reason that a candidate who has obtained degree of Shastri with Sanskrit, Hindi and English from Sampurnanand Sanskrit Vlshwavldyalaya, Varanasi, be not entitled to take admission in M.B.A. course. For admission in M.B.A. course, it has not been stated that any other condition has been prescribed by the University. Any candidate who has obtained B.A., B.Sc. or B.Com. degree is entitled to seek admission in M.B.A. course. Every candidate has to appear for entrance test and if he is declared successful, there is no justification to deny admission to such student merely on the ground that he has obtained Shastri degree from Sampurnanand Sanskrit Vlshwavldyalaya, Varanasi.

If a student seeks admission to a degree in M.A. in a particular subject, his eligibility will be determined on the basis of subject in which he had passed B.A. Examination. A student having obtained Shastri degree from Sampurnanand Sanskrit Vlshwavldyalaya will be entitled to seek admission in M.A. only in such subjects as may be prescribed by the University in accordance with the conditions laid down by it u/s 46 of the State Universities Act, 1973. The consideration which is relevant for admission to a post-graduate degree is not applicable when a candidate seeks admission to M.B.A. course as it is not confined to any particular subject. The only qualification Is that any student who has obtained any graduate degree is entitled to seek admission to M.BA course.

Learned counsel for the Respondent submitted that a candidate who has obtained three years Shastri degree from Sampurnanand Sanskrit Vishwavidyalaya, Varanasi is only recognised for purpose of academic subject such as M.A. in Hindi, Sanskrit or any other allied subjects. All the Universities are governed by the association of Indian Universities and the qualifications are also prescribed by the said association of Indian Universities. The association of Indian Universities issued letter to all the Universities that Sampurnanand Sanskrit Vishwavidyalaya, Varanasi is a statutory University and all its degrees are recognised. The candidates who have passed three years Shastri examination from the said University with English as one of the subjects, are eligible to seek admission in MA. Hindi, Sanskrit or other allied subjects. A copy of the letter of the association of Indian University dated 9.2.1995 is annexed with the counter-affidavit. This letter does not indicate that a candidate who has obtained Shastri degree from Sampurnanand Sanskrit Vishwavidyalaya, Varanasi, is not entitled to seek admission to M.B.A. course. The admission in Medicine, Engineering, Agriculture and other Sciences stand on a different footing. They provide technical education and the candidates should possess necessary qualification before they seek admission to such technical education. The admission to M.B.A. course has not been shown to be such technical education which requires education in a specific subject.

For the reasons given above, the writ petition is allowed. The Respondents are directed to consider the candidature of the Petitioner treating the degree of the Petitioner as equal to B.A. for the purpose of seeking admission in M.BA. course of the University.