- (1.) Reply by way of affidavit of Deputy Secretary (Legal) Board of School Education, Bhiwani, Haryana is taken on record.
(2.) The petitioner who obtained provisional admission for a graduate course in BCA 1st years with the 4th respondent-College was not allowed the benefit of declaration of result for the 1st year and permission to continue with the registration with the 2nd year on the ground that the petitioner had not passed +2 level examination, but had only passed a diploma course recognized by the Haryana State Board of Technical Education, Panchkula and did not have the requisite equivalence of having passed a Hindi core subject as one of the subjects in the diploma course. The petitioner's grievance is that he had never been informed that she did not have the basic eligibility and if the college had granted admission to her, it must be taken that she had the requisite qualification. According to her, the prospectus did not reveal that any pass in language subject was necessary but in any event it must be taken that the subjects of language skills that she took in the diploma course has been certified to be equivalent to English language by the Controller of Academics, Haryana State Board of Technical Education and, therefore, it must be taken that she fulfilled the necessary qualification. The counsel would also submit that in any event the petitioner has taken the Hindi examination as a supplementary subject later and she has passed now, therefore, the university must take a sympathetic view of the matter and allow for continuation of the petitioner in the same course from the 2nd year onwards, as otherwise it would result in wastage of whole one year for the candidate for no fault of hers.
(3.) The counsel for the university points out that as per the Book of Equivalence of Kurukshetra University, the candidate must have passed Hindi core at +2 level examination, if she had passed a diploma course conducted by the State Board of Technical Education. This pass must pertain to the year of admission and would submit that a pass obtained subsequently after the year of admission cannot secure to her the benefit of eligibility. The relevant clause relating to equivalence is brought out in the reply and it is re-produced as under:- "33. 3-Year diploma course examination conducted by various State Boards of Technical Education in India, which are recognized by the Director, Technical Education Haryana, Chandigarh be recognized as equivalent to +2 level examination for admission to 1st year of 3-year Bachelor Degree Courses at his University, provided the candidate shall pass the subject of Hindi Core of +2 level examination, if not already pass at the supplementary examination only of the same year of admission. (Equivalence Committee meeting Resolution No. 3 dated 7.7.1999)";