JUDGMENT Arun Tandon, J.
1. Heard Sri M.K. Gupta on behalf of the petitioner and Smt. Sunita Agarwal on behalf of respondent Nos. 1, 2 and 3.
2. The petitioner, Miss Qudsia Shafqat, after passing B.U.M.S. Course from Aligarh Muslim University with 67.12% marks applied for being considered for admission to Post Graduate Course (M.D.) in IImul Advia. For the purposes of admission to the said P.G. Course a written examination was conducted. The petitioner appeared in the entrance examination and was also declared successful. A letter dated 26.12.2003 was issued from the office of the Controller of Examinations and Admissions requiring the petitioner to appear before the Dean, Faculty of Unani Medicines at 9.00 a.m. The petitioner appeared before the Dean, Faculty of Unani Medicines on the said date and time along with her original certificates. The petitioner was refused admission to the said M.D. in IImul Advia Course on the ground that the petitioner had not secured 60% or above marks in BUMS in the subject IImul Advia and therefore, she is not entitled to be admitted in view of the Ordinances applicable for admission to Post Graduate Course in the Faculty of Unani Medicines.
3. It is not in dispute that the petitioner had secured only 58.33% marks in the subject of IImul Advia in BUMS. On behalf of the petitioner it is contended that the respondents have misread the provisions of the Ordinances applicable for admission to M.D. IImul Advia. According to the petitioner a candidate holding a degree of BUMS from the Aligarh Muslim University (i.e., an internal candidate) is not required to have obtained 60% marks in the concerned subject for admission to M.D. IImul Advia Course. According to the petitioner the requirement of 60% marks is applicable only in respect of the candidates who have passed equivalent examination from other recognized institutions (i.e., external candidates). The petitioner has further relied upon the Ordinances applicable in respect of minimum qualifications for admission to M.D. IImul Advia of the academic year 2002-03.
4. On behalf of respondents it is contended that the Ordinances which were applicable in the year 2002-03 were amended vide decision of the Consultative Committee dated 20.12.2003 and the requirement of 60% marks in the concerned subject by the candidate in his BUMS examination was made mandatory for all "candidates including those who have passed BUMS examination from Aligarh Muslim University.
5. Thus, the controversy for consideration before this Court is confined to the issue as to whether under the Ordinances applicable to a candidate holding degree of BUMS must necessarily acquire at least 60% marks in the concerned subject for admission to Post Graduate Course (M.D.) in the said subject. For appreciating the controversy it would be relevant to refer to the qualifications as were applicable in the year 2002-03 and 2003-04 for admission to P.G. Course (M.D.) Unani, which are being reproduced hereinbelow:
"Minimum qualifications (M. D. -Unani):
For the year 2002-03-
(a) BUMS/BUMMS/Kamil-eTlb-order-Jarahat (BUMS) examinations of this University or an examination recognized by this University as its equivalent with 6 months compulsory rotatory internship.
For the year 2003-04-
(a) Candidate holding degree of B.U.M.S. of this University or its equivalent with 60% marks obtained in concerned subject at the undergraduate examination from a recognized institution included in the II-Schedule of I.M.C.C. Act, 1970 enrolled in a State/Central Register of I.S.M."
6. Reference may also be had to the minutes of the meeting of the Consultative Committee, dated 20.12.2003 whereby the position with regard to admission to M.D. Unani has, been clarified. From the provisions which have been quoted hereinabove it is apparent that in the year 2002-03 minimum qualifications for admission to M.D. Unani Course for a candidate who has passed B.U.M.S. from Aligarh Muslim University as well as who has passed the said degree or equivalent course from other institutions were identical and absolutely no relaxation with respect to internal candidates of Aligarh Muslim University had been granted.
7. So far as academic year 2003-04 is concerned the minimum qualifications as mentioned in the Ordinance quoted hereinabove leave no room for doubt that the requirement of 60% marks in the concerned subject for admission to P.G. Course is applicable to both type of candidates, i.e.. the candidates who have passed B.U.M.S. from Aligarh Muslim University (internal candidates) as well as those who have passed B.U.M.S. or equivalent course from other institutions (external candidates). In the opinion of the Court the words '60% marks obtained in concerned subject' as mentioned in the Ordinance applicable for the year 2003-04 regulate both the candidates, i.e., the internal candidates of Aligarh Muslim University who have passed B.U.M.S. as well as the external candidates who have passed B.U.M.S. or equivalent course from other institutions.
8. The factual position in that regard has specifically been clarified in the minutes of the Consultative Committee dated 20.12.2003. The contention of the petitioner that the minutes of the said meeting have the effect of amending the Ordinances is totally misconceived inasmuch as the Consultative Committee has only explained and rightly interpreted the provisions of the Ordinances which were applicable for the year 2003-04. The minutes of the said committee dated 20.12.2003 cannot be read in a manner suggesting that the Ordinances have been amended by the said committee.
9. Reference at this stage could also be had to item Nos. 3 and 4 of the aforesaid minutes of the meeting of the Consultative Committee. Endorsement No. 3 reads as follows:
"The last year's intimation letter pertaining to P.G. Courses be sent to the Dean, Faculty of Unani Medicine to modify the same in the light of the decision taken in this meeting under item No. 1 above."
10. The aforesaid endorsement qualify the factual position requiring the Dean, Faculty of Unani Medicine to modify old intimation letters of the earlier years in the light of the decision taken at item No. 1 in the said meeting so as to make it in conformity with the amended Ordinance.
11. Vide item No. 1 of the minutes of the Consultative Committee, dated 20.12.2003, the following resolution was passed :
"1. Discussed the modalities for determination of minimum qualifications for selection of candidates to P.G. Courses 2003 pertaining to the Faculty of Unani Medicine and resolved that the internal candidates who are holding BUMS degrees of this University and have obtained at least 60% marks (Cumulative percentage of marks) in one or a number of papers taken together in concerned subject as given below, shall be eligible for admission subject to fulfilment of other minimum eligibility requirements."
12. The aforesaid condition is further supported from the minutes of the Consultative Committee dated 28.9.2003 whereby the Ordinances were amended, copy whereof has been enclosed as Annexure-C.A. 5 to the counter-affidavit filed on behalf of the University.
13. In view of the aforesaid findings the writ petition is devoid of substance and is accordingly dismissed.
14. At this stage it was submitted on behalf of the petitioner that because of her being called for admission to M.D. Unani she could not apply for admission to any other M.D course although she has obtained more than 60% marks in other subjects as is clear from the marks-sheet enclosed as Annexure-4 to the writ petition. Having regard to the facts and circumstances of the case it is provided that the petitioner may make a detailed representation to respondent No. 2, Vice Chancellor, for being admitted in some other P.G. Course in the subject in which she has obtained more than 60% marks in B.U.M.S. The Vice Chancellor shall consider the same sympathetically and shall pass appropriate orders at the earliest, preferably within two weeks from the date a certified copy of this order is produced before the Vice Chancellor.