JUDGEMENT
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(1.) -Name of the petitioner, who is in service of the Government of Uttar Pradesh as Live-stock Extension Officer was sponsored by the State Government along with the names of four other candidates, for admission to Bachelor of Veterinary Science and Animal Husbandry course conducted by Govind Ballabh Pant University of Agriculture and Technology, Pant Nagar, Nainital (herein after referred to as the University). The University although admitted the four persons sponsored by the State Government but declined to do so in the case of the petitioner on the ground that he is not eligible for being admitted to the above course. The petitioner has filed this writ petition challenging the above order.
(2.) The University has filed counter-affidavit in reply to the writ petition. I have heard the learned counsel for the petitioner and the learned counsel for the respondents.
(3.) Eligibility qualifications for admission to the aforesaid course are as follows :
"(i) 55% marks in aggregate in Intermediate Science with Biology or Intermediate Agriculture with not less than 45% marks in aggregate in High School Examination; (ii) A pass in 2 years Livestock Supervisor/Livestock Development Asstt. Diploma Course with five years field experience as Live Stock Supervisor or Livestock Development Assistant or in a higher capacity. OR A pass in 1 1/2 years Livestock Supervisor/Livestock Development Asstt. Diploma course with 7 years field experience as Livestock Supervisor/Livestock Development Assistant or in a higher capacity. Note : Only candidates to be nominated by the U.P. State Government shall be eligible to be considered under the category and they will not be required to take Entrance Examination." The petitioner's case falls in the first alternative and the only question which has been agitated before this Court is whether the petitioner has 55% marks in aggregate in Intermediate Science with Biology. There is no dispute that the petitioner has the other qualifications mentioned in Clauses (i) and (ii).;
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