Swatanter Kumar, J. - (1.) THE petitioner had passed his 9th to 12th grade and was issued a certificate by the Shady Side Academy, 423 Fox Chapel Road, Pittsburgh, USA. The grading passed by the petitioner is stated to be equivalent to 10+2 of the Secondary Board in India. The petitioner being desirous of pursuing MBBS course in India, she, on 21.3.2001 submitted an application to the Baba Farid University of Health Sciences, Kotkapura Road, Faridkot, for eligibility certificate for seeking admission to the said course. The University vide its letter dated 14.6.2001 rejected the application of the petitioner and informed him as under : - "This has reference to your application dated 21.3.2001 for the issue of eligibility certificate for admission to MBBS course session 2001 -2002 under NRI quota. You are informed that on the basis of the documents received having qualified by you equivalent to 10 + 2 examination of PSEB/CBSE, you are not eligible for admission to 1st Prof. MBBS course for the session 2001 -2002 as you have not scored 87% of aggregate marks in Physics, Chemistry and Biology which is equivalent to 50% marks of our 10+2 system of examination. Moreover, you have not passed your English as compulsory subject in 9th to 12th grade examination." The above letter of rejection is challenged by the petition in this writ petition under Articles 226/227 of the Constitution of India. According to the petitioner he had applied under the NRI category and there was no condition prescribed in the brochure on otherwise in the policy of the Government, making it mandatory for an NRI to have 50% minimum qualifying marks in the examination for seeking admission to the medical course. According to the petitioner, the respondent -University has no jurisdiction to impose the said condition nor does it have an appropriate formula for the purposes of preparing the equivalent marks as per the system of their counting. Even the said formula is arbitrary.
(2.) UPON notice, the University filed a detailed reply. It was contended on behalf of the respondent -University that as per the terms and conditions of the brochure even a candidate belonging to NRI category has to secure 50% of the aggregate marks in three compulsory subjects viz. Physics, Chemistry and Biology taking together in 10+2 pattern or equivalent examination. According to the University, the petitioner has secured 80.16% as per the certificate, while she is required to secure 87% marks in three compulsory subjects on the formula prepared by the University and applied equally to all such candidates. Further, according to the University the minimum prescribed marks for passing the course are 70% and the University has adopted the formula of adding 17% marks to the minimum passing marks and, therefore, providing the aggregate as 87% marks, which the petitioner does not have. Thereafter application of this formula is taken for computing the 50% minimum marks as required. As is clear from the above stand taken by the parties, there is hardly any dispute in regard to the facts. The short controversy that falls for determination before the Court is whether the condition of prescribed minimum marks is applicable to the candidates belonging, to NRI category or not. If such a condition is not applicable, in that event the merit of the formula applied by the University for determining the equivalent marks to 50% would be hardly of any consequence.
(3.) IT is a settled proposition of law that the terms and conditions stated in a brochure and the policy notified by the Government is binding on the students as well as the authorities concerned unless and until altered or amended in accordance with law, upon due notice. Reference in this regard can be made to the Full Bench judgments of this Court in the cases of Amardeep Singh Sahota v. State of Punjab and Ors.,, 1993(4) SCT 328 (P&H) :, 1993(4) SLR 673 and Rahul Prabhakar v. Punjab Technical University, Jalandhar and Ors.,, 1997(3) SCT 526(FB) :, 1997(3) P.L.R. 13. The effect of such law is that the term and conditions of the brochure will have to be construed strictly for attaining the purpose sought to be achieved by publication and declaration of policy.;