- (1.) Writ Petition No.14043 of 2003 has been filed seeking quashing of the order dated 25.03.2003 whereby the petitioner has been informed that he has obtained admission in M.A. 1st year (Hindi) even though in the qualifying examination of B.A. he had secured 40% marks which is contrary to the Rules of the University and if his case falls under the reserved category, he may obtain certificate to that effect from the competent authority otherwise his application form for the examination of M.A. 1st year (Hindi) shall be cancelled.
(2.) The facts of the case are that the petitioner secured admission in the M.A. 1st year (Hindi) for the year 2002-03 and was enrolled in the Madan Mohan Malviya Mahavidyalaya, Bhatpar Rani, Deoria. By the Notification dated Nil, it was notified that the Examination of M.A was commenced w.e.f. 03.04.2003 upto 19.04.2003. It is during this time that the petitioner received the impugned show cause notice/order that he had secured less than 40% marks in the qualifying examination of B.A. and therefore, he could not have been given admission in the M.A. 1st year Class and that if he would fall in the reserved category he may produce the certificate of competent authority to that effect.
(3.) A counter affidavit has been filed on behalf of the respondent-University and it is stated on behalf of the respondents that Section 28 (5) of the U.P. State Universities Act, 1973 (hereinafter referred to as the Act, 1973) provides that there shall be an Admissions Committee of the University, which can issue directions in respect of admission to Affiliated Colleges. The Admissions Committee of the University in its meeting held on 16.04.1994 resolved that the students belonging to the general category seeking admission to the various courses including Post Graduate courses should obtain atleast 40% marks in the qualifying examination. It is also stated that the decision of the Admissions Committee was duly notified and also sent to the various Colleges Affiliated to the University by communication dated 17.09.1994.;