M.N. Bhandari, J. - (1.) WITH the consent of both the parties, the writ petition is heard finally.
(2.) THE petitioner applied for admission in the course of Bachelor of Radiation Technology in Para Medical Courses. They appeared in the test and result was thereupon declared followed by allotment of college. It was however directed that before giving admission by the colleges, the eligibility and other conditions given in the information booklet should be enforced. The petitioner deposited the fee with the college but finally when the matter was sent for enrollment, the University refused to enroll the petitioner. It was for the reason that he was not having 50 per cent aggregate in the subjects mentioned in the information booklet at the level of Senior Secondary class. The petitioner submits that after admission by the college on payment of fee, if the petitioner is not allowed to pursue further studies, his one year would be wasted. It is further stated that a candidate belonging to Scheduled Caste is entitled to the relaxation in marks by five percent and if it is granted, the petitioner would become eligible. It is however admitted that a candidate is required to possess minimum 50 per cent of the marks at the level of Senior Secondary whereas the petitioner is possessing 47.25 of the marks and no concession in marks is provided in the instructions booklet or in the Ordinance of the University for SC and ST Candidates.
(3.) A reference was however given to the Ordinance providing relaxation in marks for admission in MBBS Courses but not to the course, in which, the petitioner had taken admission. The admission was not given by the Rajasthan University of Health Sciences but it was by the college in ignorance of the directions for admission and even instructions given in the booklet. The qualification given in the information booklet for Bachelor of Radiation Technology and other similar courses is reproduced hereunder : "1. Educational qualification : ;