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Judgment
This appeal is barred by limitation.
After having heard learned Counsel for the parties and taking into consideration the averments made in the limitation petition, we are satisfied that sufficient ground has been made out to condone the delay. Accordingly, the delay in filing this appeal is condoned.
This appeal is directed against the order dated 19.10.2001 passed by the learned single Judge allowing the writ application filed by the writ Petitioner-Respondent No. 1 to issue him marksheet of Bachelor of Arts (Honours) Part-Ill examination 1999.
Admitted fact is that the writ Petitioner-Respondent No. 1 was admitted to B. A. (Honours) course and has passed Part-I, Part-ll and Part-Ill examinations. However, the authorities refused to issue marksheet on the ground that the admis sion of the writ Petitioner-Respondent No. 1 to B.A. (Honours) course was itself contrary to the regulation of the University.
The relevant regulation laying down qualifications'' for admission to the B.A. (General/Honours) Course runs as follows:
A student may be admitted to the course of instructions for the degree of Bachelor of Arts (General/Honours) if he has passed the Intermediate examination of a Board/University established or incorporated by law, or any other examination recognised by the University as equivalent thereto:
Provided that for admission to the course of instructions for the Honours degree in any subject it shall be necessary for a student to have obtained not less than 45% marks at the Intermediate examination in the subject concerned, or in an allied subject as determined by the Academic Council in case the subject was not prescribed for study at the Intermediate level:
Provided further that a student shall be eligible for admission to the Honours course in any subject even though he has not studied the subject concerned at the intermediate stage if he has passed the Intermediate examination in Science or Commerce with not less than 45% marks in the aggregate.
According to the said provision, a student will be admitted to B.A. (General/Honurs) course if he has passed the Intermediate examination of a Board or University established or incorporated by law or any other examination recognized by the University. According to the first Proviso, requirement for the admission in Honours course is 45% marks at the inter-mediate. examination in the subject con-cerned or in an allied subject and accord-ing to the second proviso, a student may be admitted to the Honours course in any subject even though he has not studied the subject concerned at the Intermediate stage if he has passed the Intermediate examination in Science or Commerce with not less than 45% marks in the aggregate.
The writ Petitioner-Respondent No. 1 has passed examination of Vocational Course. According to the decision of the Bihar Intermediate Education Council, Vocational examination is treated to be equivalent to Intermediate examination in Arts and Commerce. The document to that effect has been annexed with the counter affidavit as Annexure-''B''.
The stand of the Appellant University, on the other hand, is that as the writ Petitioner-Respondent No. 1 has passed vocational examination and has not studied in the subject concerned for which he was admitted i.e. Honours in Political Science, his admission itself was contrary to the regulations and accordingly when the authority came to know about the same, they refused to issue marksheet to him of B.A. (Honours).
It is clear from the regulation that even if a student opting subject in Honours course has not passed Intermediate examination in the subject concerned or allied subject, he can be admitted in Honours course provided he has passed Intermediate Examination in Science and Commerce. Vocational course has been treated to be equivalent to Intermediate Arts and Commerce. It appears from Annexure-''B'' to the counter affidavit that prior to 1998 vocational course was treated as equivalent to Intermediate Arts and Commerce. In that view of the matter, the Petitioner should be treated to have passed Intermediate Examination in Arts and as such he was eligible for admission in B.A. Honours course and the Appellant was not justified in refusing to issue marksheet on the aforesaid ground. This apart, we fully agree with the view taken by the learned single Judge that once the writ Petitioner-Respondent No. 1 was admitted and passed examination, at this stage the authorities cannot be allowed to cancel his candidature on the ground of defect at the initial stage of admission.
In the result, there is no merit in this appeal and the same is accordingly dismissed.