PRASENJIT MANDAL, J. - (1.) THIS application is at the instance of a student having the degree of B.A. honours in English and is filed for issuance of a writ in the nature of mandamus directing the respondents for allowing the petitioner to apply for admission to the first year of Master of Arts (M.A.) course under the University of Calcutta contending, inter alia, that the eligibility criteria of the University of Calcutta, imposing restriction on the honours graduates passing out of the University of Calcutta prior to the previous year are ultra vires to Article 14 of the Constitution of India and for other consequential reliefs.
(2.) THE short fact necessary for the purpose of disposal of this application is that the writ petitioner passed the B.A. examination with honours in English from the St. Xavier's College (Autonomous) in 2010 and she was preparing for competitive examinations of the Civil Services conducted by the Union Public Service Commission and as such, she was late in applying for admission to the M.A. course in English under the respondent university. For the Academic Session 2012-13 she intended to get admission to the M.A. courses under the University of Calcutta. She has also contended that she obtained 470 marks out of 800 in the B.A. examination with honours in English and the last candidate who was admitted to the M.A. course for the Session 2012-13 obtained only 461 marks out of 800 and as such there was a discrimination. The petitioner has also contended that while there is a restriction as to allowing the students for admission prior to the previous year, there is no such restriction in respect of the students passing from other universities and are willing to get admission under the University of Calcutta. So, the writ petition has been filed for the reliefs already stated. The respondent university and the State of West Bengal are contesting the said application by filing affidavits-in-opposition separately. The respondent university has contended that it was a policy decision of the respondent university that the students who passed the B.A. course in the current year and also in the previous year are entitled to get admission to M.A. courses only. There was a disparity in admission to M.A. courses and M.Com. courses and such a disparity was removed from the Academic year 2012-13. Reasonable classification has been made, so that the students passing the B.A. courses in the current year and the previous year can get admission to the M.A. courses. The removal of the disparity between the M.A. courses and the M.Com. Courses had not been done aiming at depriving the writ petitioner, but, it was a policy decision so that such current students might be accommodated to a great extent. So, the writ petition should be dismissed. Mr. Kollol Basu appearing for the writ petitioner has virtually reiterated the contention raised by the writ petitioner in her application, affidavit-in-reply and supplementary affidavit. Similarly Mr. B. Bhattacharya has reiterated the contention raised in the affidavit-in-opposition. Ms. Sanghamitra Nandy, learned Advocate appearing for the respondent State has supported the contention of the University of Calcutta.
(3.) NOW , the following questions have arisen for decision in the writ petition:- (i) Whether the eligibility criteria imposing restriction on the honours graduates passing out prior to the previous year are oppressive, irrational, unreasonable and create discrimination without any reasonable basis, and hence are violative of Article 14 of the Constitution of India, and; (ii) Whether the eligibility criteria for admission to M.A. courses have created a discrimination between the graduates passing out from the University of Calcutta and passing out from other recognized universities. ;