Gyan Sudha Misra, J. - (1.) The petitioners are the students of Master of Business Administration (for short 'MBA') in R.A. Podar Institute of Management-respondent No. 2 herein and are seeking admission in Part-Ill of the course although they have not cleared two papers of Part-I course. The relevant portion of Ordinance 250-G reads as under: "O.250-G(1)-A candidate who, after passing Part-I examination of MBA (3 years Executive Course) has completed a regular course of study for one academic year in an affiliated college shall be eligible to appear at the part II examination of the course. After he has passed the Part II examination and has completed a regular course of study for one academic year, he shall be eligible to appear at the Part III examination of the course. Provided that a candidate who has obtained atleast 36% marks in atleast 50% of the papers with an aggregate of 48% or more marks in these papers at the Part-I examination may be provisionally admitted to Part II examination and similarly a candidate who has obtained 36% marks in atleast 50% of the papers with an aggregate of 48% or more marks in those papers at the Part II examination may be provisionally admitted to Part III Examination of the course subject to the condition that along with the papers prescribed for the higher examination he will also re-appear and pass the paper(s) of the lower examination(s) in which he failed."
(2.) Thus, the Ordinance lays down that a candidate, who aoes not pass even in 50% of the paper prescribed for the Part-I examination he will not be eligible for admission to Part-II and similarly, a candidate, who does not pass even in 50% of the papers prescribed for Part-II examination, he shall not be eligible for Part-III examination.
(3.) The Ordinance further clearly lays down as follows : "No candidate shall be eligible for admission to part III unless (i) he has cleared all papers prescribed for Part I and (ii) 50% of the papers prescribed for Part II examination.";