Santosh Kumar Roy vs The Assam Agricultural University and Others

Manisana, J.—In this petition, the Petitioner Sri Santosh Kumar Roy has challenged she refusal of the Assam Agriculture University to admit the Petitioner to B.Sc. (Agriculture) Degree Course.

The Petitioner belong to more other Backward Class (MOBC) in the State of Assam. At the relevant time, he was working as Village Level Extension Worker under Agricultural Officer Kokrajhar. The Petitioner passed his Pre-University (Science) Examinations in the year 1981 with physics, chemistry and mathematics in second division. He secured marks 86 in Physics and 88 in chemistry. He passed biology separately as single subject in 1990 securing 117 marks. The Petitioner applied for admission to B.Sc. (Agri) Degree Course. But the Assam Agriculture University at Jorhat did not select the Petitioner on the ground that he did not qualify as he has passed biology separately as single subject in 1990. Hence this petition.

In Clause (1) of the paragraph 8.3.1 of the Information for admission in Bachelor''s Degree Programme issued by the Assam Agriculture University Jorbat, for short "the Information", it is provided thus:

(i) A candidate must have passed 10+2 examination in Science group or equivalent examination with physics, chemistry and biology (or botany and zoology in place of biology) of a recognized University/Board.

The above quoted passage indicates that a candidate must pass 10+2 examination in science group or equivalent examination with physics chemistry and biology (or botany and zoology in place of biology). Though the Petitioner has passed physics, chemistry an. biology, he passed biology as single subject in a separate examination.

The question which, therefore, arises for consideration is whether the Petitioner who passed biology separately as single subject can be considered for admission to B.Sc. (Agri) Degree Course.

Mr. G.N. Sahewalla, learned Counsel for the Petitioner, has drawn our attention to the Regulation of the Assam Higher Secondary Education Council, which regulation provides:

A candidate may be allowed to appear in particular subjects (maximum of two subjects without practical and one subject with practical) of the HS Examination as a private candidate, after passing the HS Examination of the Council or its equivalent, as per Curriculum & Syllabus prescribed by the Council, provided any University in Assam or any institution re cognized by them requires the subject to be passed by candidates at HS Level for prosecuting higher courses of study

. (emphasis added)

Thereafter, Mr. Sabewalla has contended that, in view of the regulation referred to above, the Petitioner has passed the requisite academic qualification examination and, therefore, the Petitioner was qualified for admission to B.Sc. (Agri) Degree Course. A reading of regulation shows that the passing of a subject which is required for higher course of study separately will qualify or not a candidates for prosecuting higher study depends upon the University and course of study to which a candidate is to be admitted.

The question then is, whether the Assam Agriculture University recognizes the passing of as single subject separately in Pre-University (Science) Examination for admission to B.Sc. (Agri) Degree Course.

The foot-note appended to paragraph 8.3.4 of the Information reads:

Note : Candidates passing in supplementary or compartmental [or improvement in single subject (s)] examination shall not be eligible for admission into B.Sc. (Agri) B.V.Sc & A.H., B.Sc. (Home Science) and B.F.Sc degree programme.

(emphasis added)

The foot-note cannot be ignored or by-passed. The foot-note is made contemporaneously with the rule. The real purpose of the note is that when the rule is silent the note will fill up gaps. The note which is appended to the rule is of aid not only in applying the rule but also in interpreting the true import of the rule See Tara Singh and Others Vs. State of Rajasthan and Others, and Marry Oommen v. Manager AIR 1987 SC 1136.

Keeping the above principle in view, let as now examine the case on hand. Under the foot-note referred to above, a candidate passing in supplementary or compartmental (or improvement in single subject) examination shall not be eligible for admission to B.Sc. (Agri) Degree Course. The expression "supplementary or compartmental or improvement examination" can notes the passing of one, two or three particular subjects is a separate examination not in the general examination. Therefore, the foot-note indicates that the candidate seeking admission to the University in B.Sc. (Agri) Degree Course must pass the requisite academic qualification in one and the same examination. In other words, the Assam Agriculture University does not recognize the passing of a single subject separately for admission to the B.Sc. (Agri) Degree Coarse. As already stated, the Petitioner did not pass his biology in one and the same examination taken by him in 1981, but in a separate examination as single subject. For these reasons, the contention of Mr. Sahewalla cannot be accepted. Accordingly, the petition is dismissed. No costs.