- (1.) This order will dispose of Civil Writ Petition Nos. 10374 and 10448 of 1993 common questions of law and facts are involved in both the matters. The facts, however, have been extracted from C.W.P. No. 10374 of 1993, Noni Chawla v. Guru Nanak Dev University, Amritsar.
(2.) Petitioners claim writ in the nature of mandamus directing the respondent to grant them admission in the course of Master of Computer Applications for the academic session beginning from August, 1993 the relief indicated above, rests on the facts as detailed in the petition which need to be noticed.
(3.) It is pleaded that Computer Science is comparatively a new science particularly in the under developed countries like India. The Government and Universities have been making great efforts to develop skills in Computer application in India so that this country may not lag behind in development. With a view to achieve this motive the respondent-University like many other Universities in India started a Course called 'Master of Computer Application' (hereinafter referred to as 'MCA"). It is stated to be three years" course where skills of Post graduate level in Computer science is imparted which is equivalent to something like M.Sc. in Science. There was no preparatory course at the under-graduate level at the time when the course in MCA initially started and that being so the graduates from various disciplines other than Computer Science who were interested in doing the course of MCA, were made eligible for admission in the said course. With a view to provide feeder stream of graduates for the course of MCA and other higher courses in Computer Science, respondent for the first time started a course known as "Bachelor of Computer Appliction" (hereinafter referred to as "BCA') in Khalsa College, Amritsar in the year 1990. Petitioner joined this Course in the year 1990 and, it is stated, toped the University by securing 1807 out of 2250 marks. During the three years" course of BCA, Mathematics was taught only in the first year and in the second and third years Mathematics at + 2 level was the requirement for admission to BCA course: She had qualified in Mathematics at + 2 level. She was taught Mathematics in the first year of BCA course but the same was equivalent to 10 + 2 level. Insofar as B.Sc. (Maths) is concerned, it is stated that Mathematics was taught for the full duration of three years and the standard of education imparted in the subject i.e. Mathematics was far higher than what is imparted in BCA. However, the applications for admission to MCA course were invited by the respondent University in July, 1993. The written test was held on 28/07/1993 and interview was held on 9/08/1993. In accordance with the prospectus, there were thirty seats in all for the MCA programme out of which fifteen seats were reserved and remaining fifteen seats were earmarked for general category. Petitioner, who belongs to general category, had applied in the quota meant for the said category. The minimum qualification for admission to MCA, as prescribed in the prospectus issued by the Guru Nanak Dev University for BCA students, is to have passed Mathematics at + 2 level. However, for the purpose of admission, a written test in the following three papers was taken by the respondent-University which included a paper of Mathematics. All the three papers carried equal marks:- (i) Mathematics/ Satistics; (ii) Logical Reasoning and analytical ability; (iii) General English and general awareness. However, the requirement of knowledge of Mathematics was to be of the level of graduation. When the test was held, petitioner found that the standard of Maths paper was of far higher level as compared to + 2 level. As alleged she was unable to do this paper properly and despite having stood first in BCA, was not able to secure a place in the merit list. She was placed in the waiting list in general category at No. 10. The decision of the respondent-University in not granting admission to her by prescribing the standard of Mathematics of B.A. level is stated to be arbitrary by pleading that whole purpose of the MCA course is to provide the highest degree of training in the field of Computer Science. The degree of BCA is stated to be a feeder degree for the purpose of getting training in higher degree like MCA. The whole purpose of BCA Mathematics is to provide specialised skills in the field of computer science whereas MCA represents still higher technical qualification. The criteria adopted by the University in expecting higher standard of Mathematics than what is taught in BCA is, thus, styled to be arbitrary. With a view to strengthen the point noticed above, it is further pleaded that when the standard of Maths in BCA programme is of + 2 level, it could not be expected that a student, who had done BCA would match the standard of B.A. level, as a result, no candidate unless he is specially skilled in Mathematics. could possibly secure admission in MCA for which BCA is a natural source. It is further pleaded and so argued by Mr. J.K. Sibla, learned counsel for the petitioner that the condition of eligibility as per the prospectus of Guru Nanak Dev University is B.C.A. with Maths at + 2 level and the whole purpose of having this condition of eligibility is to give a fair chance to those who have qualified BCA examination to get admission in MCA programme but by prescribing the standard of Maths of B.A. level, the whole purpose is frustrated.;