Arun Tandon, J. - (1.) PETITIONER before this Court seeks quashing of the eligibility conditions as notified for admission to M.Phil Course in the brochure published by Chaudhary Charan Singh University for the purpose, insofar as it provides that in addition to at least 55% marks in the Post Graduate Degree Examination the candidate must have also achieved 50% marks at the Graduate level examination and in the Intermediate examination or minimum 55% marks at Graduate level examination with second division in Intermediate examination. The condition is being objected to on the ground that it violates the essential requirements as provided by the U.G.C. under the U.G.C. (Minimum Standards And Procedure For Awards of M.Phil/Ph.D. Degree), Regulation, 2009.
(2.) COUNSEL for the petitioner has also placed reliance upon Ordinance framed by the University for admission to Doctor of Philosophy (Ph.D.) Course wherein the only requirement for being eligible for admission to the said Doctor of Philosophy Course has been provided as at least 55% marks in master's degree. He submits that Ph.D. and M.Phil are practically identical courses which are offered to the students who have passed their post graduation degree examination. Therefore, there can be no different minimum standards for being admitted to the two courses. I have heard learned Counsel for the parties and have examined the records. It is not in dispute that in the brochure published by the University for the purpose of admission to M.Phil Course for the academic sessions to be started in 2012 it has been specifically notified that minimum requirement for being eligible to the M.Phil two Semester Course would be a master degree with 55% marks and Bachelor Degree and Intermediate Examination with at least 50% marks each or a Bachelor Degree with 55% marks and Intermediate Examination with second division marks.
(3.) PETITIONER has made his application with open eyes and being fully aware that he was not eligible in accordance with the rules notified in the admission brochure, he gave an undertaking which is recorded in his provisional admit card and is to the following effect: I MAY BE ALLOWED TO APPEAR IN THE M.Phil. ENTRANCE TEST ON JUNE 28, 2012 AND MY CASE FOR ADMISSION MAY ONLY BE CONSIDERED PROVIDED I QUALITY THE ENTRANCE TEST AND THE SEATS REMAIN VACANT DUE TO NON -AVAILIBITY OF QUALIFIED CANDIDATES AS PER THE ELIGIBILITY CONDITIONS MENTIONED IN THE UNIVERSITY INFORMATION BROCHURE -2012.;