Present writ petition has been filed by the petitioner, questioning the validity of order dated 02.03.2009 passed by Controller of Examinations and Admissions, Aligarh Muslim University, Aligarh, as communicated by Deputy Controller (Admissions), informing the petitioner that he is not eligible to be accorded admission in Pre-Tib Course for academic session 2008-2009 in pursuance Entrance Test dated 25.06.2008.
Brief background of the case, as disclosed in the writ petition, is that the petitioner has done ALMIAT from Darul Ulooma Nadwatul Ulma, Lucknow on 11.12.2007 with 68% marks. The Faculty of Unani Medicine, Aligarh Muslim University runs BUMS Degree Course. There is one year Pre-Tib Course necessary for admission to BUMS Degree Course. The University offers admission to 15 students to each year in Pre-Tib Course on the basis of Entrance Test by holders of qualifying examinations prescribed by the University. The University invited applications for admission to Pre-Tib Course from eligible candidates for the academic session 2008-09, for which last date was 18.03.2008 and the examination was scheduled to take place on 20.05.2008. The petitioner submitted his application, which was accepted and he was issued Admit Card with Roll No.352123. Petitioner appeared in the test and was declared successful, but when he approached the University for admission, admission was not accorded to him. Aggrieved petitioner filed writ petition No.40426 of 2008 before this Court, and this Court asked the University to take decision in the matter. The University thereafter took decision and refused to accord admission to the petitioner on the ground that he was not eligible for admission. At this juncture present writ petition has been filed.
Counter affidavit, supplementary counter affidavit, rejoiner affidavit and supplementary affidavit have been filed, and thereafter, present writ petition has been taken up for final hearing and disposal with the consent of the parties.
Sri K.A. Quayum, learned counsel for the petitioner contended with vehemence that once petitioner had been issued admit card, permitted to undertake entrance test and was declared successful, then the University was stopped under law to withhold the candidature of the petitioner on the ground that he was ineligible, whereas for the academic session 2007-08 ALMIAT certificate obtained from Darul Ulooma Nadwatul Ulma, Lucknow had been accepted as equivalent to Intermediate Examination, as such there was no justification on the part of the University to deny admission to the petitioner on the ground that his certificate of ALMIAT obtained from Darul Ulooma Nadwatul Ulma, Lucknow has not been recognized as equivalent to Intermediate Examination, as such writ petition deserves to be allowed.
Countering the said submission, Smt. Sunita Agrawal, learned counsel representing the respondent University before this Court, on the other hand, contended that undertaking of petitioner's examination for admission to Pre-Tib Course was provisional and the list of successful candidates which had been declared, therein clear cut mention was made that the same was also provisional and subject to fulfillment of the eligibility criteria by the candidate, and the petitioner was well aware of the fact that he was ineligible and in this background, he himself ought not to have applied and appeared in the entrance test, and as till date admission has not been accorded, the plea of stopple is not available to the petitioner. Further fixing of eligibility criteria for admission to any course is within the domain of the University and once the petitioner is not fulfilling the said eligibility zone, the petitioner was not entitled to be accorded admission, as such writ petition deserves to be dismissed.
The first question to be adjudicated is as to whether the University is stopped under law in proceeding to deny admission to the petitioner, once petitioner was permitted to undertake entrance test and was declared successful. In the present case admitted position is that the petitioner has to his credit ALMIAT certificate from Darul Ulooma Nadwatul Ulma, Lucknow, and this is also admitted and accepted position that for the academic year 2008-09, for according admission to Pre-Tib Course eligibility criteria is as follows:
"Minimum Qualification: A candidate seeking admission to one year Pre- Tib Course must have passed the Oriental equivalent to Intermediate Examination, as specified in the list given below recognized by Central Council of Indian Medicine leading to main Unani Course, Kamil-e-Tib-o- Jarahat (BUMS).
Note:- For Kamil-e-Tib-o-Jarahat Main Course (Urdu Medium) the candidate should have also passed the qualifying examination with Urdu 3 or MIL examination with Urdu.
List of Oriental Qualifications in Arabic .Persian equivalent to Higher Secondary /Intermediate /12th Standard for the purpose of admission to the Unani Degree Course.
Important: To qualify for admission a candidate has to secure at lest 30% marks in Admission Test of paper-II- (a) Urdu.
Minimum Age Limit
1) BUMS Course: Not less than 17 years as on 31st December, 2008.
2. Pre-Tib Course : Not less than 16 years as on 31st December, 2008, for the candidates from the Oriental stream, and not less than 17 years as on 31.12.2008 for the candidates who have passed Senior Secondary School Certificate or its equivalent examination.
No relaxation shall be made in the age limit under any circumstances."
A bare perusal of the provisions quoted above would go to show that 4 candidate seeking admission to one year Pre-Tib Course must have passed the oriental qualification equivalent to Intermediate Examination, as specified in the list given above, recognized by Central Council of Indian Medicine leading to main Unani Course, Kamil-e-Tib-o-Jarahat (BUMS).
In all 19 courses have been mentioned along with the respective institution which have been recognized while considering the minimum qualification, and therein at no place ALMIAT certificate from Darul Ulooma Nadwatul Lucknow has ever been recognized as one of the eligibility criteria. The only course which is recognized from Darul Ulooma Nadwatul Lucknow is Fazil, and admittedly, the petitioner has not done Fazil.
Once this is the factual scenario, then petitioner is not at all eligible for admission to Pre-Tib course.
Further candidate seeking admission is provided with Guide to Admission for the relevant Academic Year 2008-09, which contains eligibility Rules as follows:
"1. There shall under no circumstances, be any relaxation in the eligibility criteria. A candidate shall not be entitled to claim admission as a matter of right even if he/she is otherwise eligible. The University reserves the right to refuse admission to any individual without assigning any reason.
2. The university reserves the right to admit any candidate to a Course of study even though a notification inviting applications for admission to the same has been issued
3. All admissions shall be provisional
4. If it is found at any stage that the qualifying examination of a candidate is not recognized by the Aligarh Muslim University, such admissions will be cancelled.
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11. Candidates are required to produce the original mark-
sheets/certificates, in person including the statement of marks of the qualifying examination with the requisite percentage of marks at the time of interview / reporting for admission, failing which they shall not be interviewed / allowed to complete admission, and the offer of admission shall stand cancelled and no further correspondence in the matter shall be entertained.
12. If it is found, at any stage, that a candidates 5 a. does not fulfill the eligibility requirements b. has used fraudulent means to secure admission c. has made false or incorrect statement (s) he/she shall not be allowed to appear at the interview, complete the admission formalities, or in case already admitted, his/her admission shall be cancelled.
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16. Applications of candidates whose qualifying examinations are not recognized by this University shall not be considered for admission to any Course.
17. Applicants should satisfy themselves that they fulfill the eligibility requirements in terms of educational qualifications, age etc. The percentage of marks secured by a candidate at the qualifying examination, falling short by even a decimal fraction shall be be rounded off to the next whole number. Similarly, if the age falls short or exceeds even by a single day,the applicant shall not be considered eligible for admission.
18. No candidate shall be admitted unless he/she has completed all the eligibility requirements at the time of admission. Candidates awaiting results of their supplementary/Compartment/ Improvement examinations shall not be admitted."
The terms and conditions of admission are clear and categorical and in fact an applicant has to must satisfy that he is eligible for admission in terms of educational qualification. In the present case admitted position is that the petitioner was aware of the fact that he was ineligible to apply but he took his chance. It is true that there was mistake on the part of the University in scrutinizing the application of the petitioner and he was permitted to undertake the entrance test and was declared successful.
Petitioner's entire emphasis is that once he was permitted to undertake entrance test and was declared successful, the University is stopped in denying admission to the petitioner. In support of his contentions, the petitioner has placed reliance on the following judgments:
Shri Krishnan v. the Kurukshetra University, Kurukshetra (1976) 1 SCC 311.
Rajendra Prasad Mathur v. Vijay Kumar Sharma and another, AIR 1986 SC 1448.
Ashok Chand Singhvi v. University of Jodhpur and others, AIR 1989 SC 823.
Sanatan Gupta v. Behrampur University and others, AIR 1990 SC 1075.
The judgments which have been cited before this Court will not help the 6 petitioner for the simple reason that here in the present case admission has been refused to the petitioner when this fact came to the notice of the University that the petitioner was ineligible for admission as per the criteria provided for, and admission of petitioner was purely provisional subject to fulfillment of eligibility criteria, and petitioner miserably failed on eligibility front. The plea of stopple would not be attracted in the facts of the present case, as University has acted well within its right in withholding the candidature of the petitioner for want of fulfillment of eligibility criteria. In the cases cited , admission had been accorded, candidates had perused their courses, forms had been accepted, then plea of stopple had been pressed. Here the facts are totally different.
At last it has been contended that for the academic session 2007-08, ALMIAT certificate obtained from Darululoom, Nadwatul Ulama was one of the recognized qualifications as equivalent to Intermediate examination, and as such it ought to have been accepted in the session 2008-09 as well. Fixation of eligibility criteria is within the domain of the Academic body i.e. the respondent University and once in academic session 2008-09 said certificate has been excluded, then this court cannot come to rescue of the petitioner.
Consequently, writ petition has no substance; the same is dismissed.
25.01.2010 SRY