- (1.) Miss. Manjula Puvyal through present petition filed by her under Articles 226/227 of the Constitution of India, seeks issuance of writ in the nature of certiorari so as to quash order dated 3/08/1993, Annexure P4, passed by the Chairman, Department of Bio-Chemistry, Punjab University, Chandigarh, whereby she was declared ineligible to appear in the Entrance Test for admission to M.Sc. (Hons. School) in Bio-Chemistry.
(2.) Brief facts of the case reveal that petitioner, who was student of Government Girls College, Sector 42, Chandigarh, passed out her B.Sc. (Medical) three years course with the subjects - Chemistry, Botany and -oology from the Punjab University, Chandigarh in the second division securing 54% marks. The Dean of University Instructions issued admission notice for the academic session 1993-94 inviting applications for admission to various courses in the teaching departments of the Punjab University. The notice appeared in the Tribune dated 6/07/1993. One of the course, which she wanted to do was M.Sc. (Hons. School) in Bio-Chemistry. The eligibility for admission to M.Sc. (Hons. School) in various disciplines, mentioned in the admission notice, that appeared in the newspaper, was as mentioned below:- "M.Sc. (Honours School): Anthropology, Bio-Chemistry, Biophysics, Botany, Chemistry, Geology, Mathematics, Micro-biology, Physics and -oology. The students who have passed B.Sc. (Hons. School) are eligible for admission to M.Sc. (Hons. School) in the concerned subject as given above. The additional seats for eligible B.A./B.Sc. students for admission to M.Sc. (Hons. School) in the following subjects, are:- Anthropology (20), Botany (20), Bio-Chemistry (10), Physics (30), Chemistry (10), -oology (23)". Petitioners, who, according to her, fulfilled eligibility criteria as laid down in the admission notice that appeared in the Newspaper and which is also mentioned in the Handbook of Information for 1993 for admission to M.Sc. (Hons. School) in Bio-Chemistry, applied for admission to the said course before the last date. She received acknowledgement bearing reference dated 27/07/1993. The eligibility criteria for admission to M.Sc. (Hons. School) as spelled out from the prospectus, is as follows:- "A person who has passed one of the following examinations in the concerned subject may be admitted to the M.Sc. (Hons. School) Course: (i) B.Sc. (Hons. School) examination of the Punjab University in the subject of M.Sc. (Hons. School) course; (ii) B.Sc. (Pass or Honours) examination of the Punjab University or any other examination recognised by the Punjab University as equivalent thereto, with the subject of the Hons. School course. (iii) B.A. or B.Sc. examination of the Punjab University or any other examination recognised by the Punjab University as equivalent thereto, for admission to M.Sc. (Hons. School) in Anthropology; Provided that the admission of the eligible students in (ii) and (iii) above will be based on their merit in the entrance test conducted for this purpose/ the fulfilment of such other requirements as may be laid down by the Syndicate." The case of the petitioner is that the eligibility as prescribed in the Prospectus of M.Sc. (Hons. School) Course provides that a person, who has passed the examination (i) B.Sc. (Hons. School) examination of the Punjab University in the subject of M.Sc. (Hons. School) course (ii) B.Sc. (Pass or Honours) examination from the Punjab University or any other examination recognised by the Punjab University with the subject of Hons. School course and (iii) B.A. or B.Sc. Examination from the Punjab University or any other examination recognised by the Punjab University as equivalent thereto for admission to M.Sc. (Hons. School) in Anthropology. In so far as persons belonging to categories Nos. (ii) and (iii) are concened, their admission is governed on the basis of merit in the Entrance Test. Persons belonging to category (i) have not to appear in entrance test and their admissions are to be made on the basis of marks obtained by them in the qualifying examination. Even though petitioner was eligible and was to compete for the test, she was not permitted to do so as she was held ineligible and her application was rejected. A copy the order dated 3/08/1993, rejecting her application has been placed on records as Annexure P-4. She along with her father approached the Chairman on 11/08/1993 and made him request so as to consider her for the Entrance Test on the basis of eligibility criteria laid down in the prospectus but her entreaties brought no tangible result. Thus, she has filed the present petition asking for the relief as indicated in the earlier part of this judgment.
(3.) Learned counsel for the petitioner contends that the impugned order declaring petitioner to be ineligible for the Entrance Test for admission to M. Sc. (Hons. School) in Bio-Chemistry is illegal as also arbitrary and the petitioner, who fulfils the eligibility criteria as laid down in the admission notice as well as in the Handbook of Information for 1993-94, is entitled to be considered for admission in the Entrance Test.;