JUDGEMENT
Dutt, J. -
(1.) Special leave is granted. As elaborate submissions have been made at the preliminary hearing of the special leave petition on the merits of the case by both the parties, we proceed to dispose of the appeal on merits.
(2.) This appeal involves the question as to the eligibility of the appellant for admission in the First Year MBBS Course of the Mysore University.
(3.) The appellant passed the B.Sc. Examination of the Mysore University with Botany, Chemistry and Zoology securing 54.7% marks in the aggregate. She also passed the PUC in the year 1979 with Physics, Chemistry and Biology as optional subjects and obtained 43.1% marks in the aggregate. She sought for admission in a private Medical College or Institute. On her query, the second respondent, who is the Principal of the Institute, by his letter dated February 26, 1986 confirmed that the appellant was eligible for admission to MBBS Course. The relevant portion of the letter, as quoted in the special leave petition, is extracted below:-
"With reference to your telegram, I wish to write that candidates passing B.Sc. degree examination with Physics, Chemistry and Biology or Chemistry, Biology and Zoology as optional subjects, are eligible, provided such of these candidates who have passed with Chemistry, Biology and Zoology should have passed Physics as optional subject in II year PUC or equivalent examination (Pre-degree or Intermediate) or the additional Physics examination of any University or Institution recognised by the State Government. The candidate should have obtained 50% marks in the optional subjects in the B.Sc. degree examination.";
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