- (1.) SUDHIR Narain, J. The petitioner seeks writ of certiorari quashing the order dated 19-11-1996, issued by the Assistant Registrar (Administration) Rohilkhand University, Bareilly, w here by the petitioner was informed that the petitioner can seek admission in M. A Sanskrit and other allied subjects on the basis of degree of Shastri with English obtained from Sampurnanand Sanskrit Vishwavidyalaya, Varanasi but was not entitled to be admitted to Master of Business Administration (in short M. B. A) course.
(2.) THE Registrar, Rohilkhand Univer sity, Bareilly, ( here in after referred to as ihe University) invited applications for admis sion to the course of Master of Business Administration, Part Time Three Years Programme in the Faculty of Management. THE petitioner applied for admission to this course. THE petitioner was called for ap pearing in group discussion and interview. He appeared for group discussion and inter view on 28-9-1996. THE result was published in the newspaper 'dainik Jagran dated 5-10-1996, wherein he was shown as success ful candidate in the O. B. C. category. He was later on refuse admission on the ground that he has obtained Shastri Degree from Sam-purnanand Sanskrit Vishwavidyalaya and, therefore, he was not entitled to be admitted to M. B. A. course on such degree. He was entitled only to seek admission in M. A. in Hindi, Sanskrit or other allied subjects. He was communicated the decision of the Registrar of the University by letter dated 19th November, 1996. On behalf of the respondents counter affidavit has been filed. In the counter affidavit it has been stated that the University has recognised Shastri Degree issued by the Sampurnanand Sanskrit Vish wavidyalaya Varanasi only for the purpose of seeking admission in M. A. Hindi, Sanskrit or other allied subjects but a can didate is not entitled to seek admission in any technical education as M. B. A. . The short controversy is as to whether the degree of Shastri of Sampur nanand Sanskrit Vishwavidyalaya is equivalent to B. A. degree of the University and if so, whether any candidate who has obtained such degree, is entitled to seek admission to M. B. A. Course.
(3.) THE State Government has issued an order indicating that the Shastri degree of Sampurnanand Sanskrit Vishwavidyalaya, Varanasi is equivalent to B. A. degree of any University established under any Statute. Sri M. S. Negi, learned counsel for the respondents urged that a candidate is entitled for admission only when the satis fies the conditions of eligibility as provided under Section 45 of the U. P. State Univer sities Act, 1973. Much emphasis was laid on Section 45 (1) (a) (ii) of the Act which provides that a student shall be eligible for admission to the course of study for a degree unless he has passed any examination or any degree of any other University, being an examination or degree recognised by the University is equivalent to the Intermediate Examination or to a degree of the Univer sity. It is contended that University can recognise the degree of other university with certain conditions and no student can compel the University to recognise any de gree for all purposes.;