Arun Tandon, J. - (1.) Heard Sri A.N. Srivastava, learned counsel for the petitioner and Sri V.K. Upadhyaya, learned counsel for the respondents. It is not necessary to call for counter affidavit from the respondents in view of the order proposed to be passed by this Court in the present writ petition.
(2.) The Executive Council of Banaras Hindu University, Varanasi, which is a Central University constituted under the Banaras Hindu University Act has framed rules/ordinances for admission to various courses including the course of the Ph.D. For admission to Ph.D. Course an entrance examination, which is commonly known as Research Entrance Test (RET) is held by the University. Under the aforesaid rules so framed by the Executive Council of the University in item mentioned at serial No. 14 with heading Registration, it is provided as follows: i "(i) Registration of the successful candidates to Ph.D. Courses will be made strictly in order of merit based on the aggregate of the marks secured by the candidates in the respective Entrance Tests. Minimum Qualifying Marks are 40% in the Entrance Test. The University reserves the right to modify the minimum qualifying marks in the Entrance Text (ii) In the case of candidates securing equal marks in the Entrance Test, their inter-se ranking shall be determined on the basis of the following: (a) The aggregate percentage of marks obtained by the candidate at the qualifying examination. (b) If the marks at the above examination are also equal, the aggregate percentage of marks obtained at B.Sc. (Ag). (c) If the marks at the above (b) examination also happen to be the same, then the candidate senior in age shall be given preference. Originally the successful candidates shall be registered in the first semester of the academic year, in order of merit. However, in the event of seats remaining vacant after the close of registration in the first semester candidates may also be registered in the second semester of the Academic year from among the successful candidates of the entrance examination."
(3.) In view of the aforesaid statutory provisions a candidate Having less than 40% marks in entrance examination is not entitled to be admitted, however the University has a right to modify the minimum qualifying marks in the test for the purposes of admission. It is an undisputed fact that in the entrance examination conducted by the University for registration as a candidate in Ph.D. Course in the Animal Husbandry and Dairying, Institute of Agriculture Science for the academic session 2004-05, all of the candidates including the petitioners, who had appeared in entrance examination secured less than 40% marks.;