Judgement

DUTT, J.:- Special leave is granted. As elaborate submissions have been made at the preliminary hearing of the special leave petition on the merits of the case by both the parties, we proceed to dispose of the appeal on merits.

2. This appeal involves the question as to the eligibility of the appellant for admission in the First Year MBBS Course of the Mysore University.

3. The appellant passed the B.Sc. Examination of the Mysore University with Botany, Chemistry and Zoology securing 54.7% marks in the aggregate. She also passed the PUC in the year 1979 with Physics, Chemistry and Biology as optional subjects and obtained 43.1% marks in the aggregate. She sought for admission in a private Medical College or Institute. On her query, the second respondent, who is the Principal of the Institute, by his letter dated February 26, 1986 confirmed that the appellant was eligible for admission to MBBS Course. The relevant portion of the letter, as quoted in the special leave petition, is extracted below :-

"With reference to your telegram, I wish to write that candidates passing B.Sc. degree examination with Physics, Chemistry and Biology or Chemistry, Biology and Zoology as optional subjects, are eligible, provided such of these candidates who have passed with Chemistry, Biology and Zoology should have passed Physics as optional subject in II year PUC or equivalent examination (Pre-degree or Intermediate) or the additional Physics examination of any University or Institution recognised by the State Government. The candidate should have obtained 50% marks in the optional subjects in the B.Sc. degree examination."

4. It is the case of the appellant that on the basis of the said letter, she joined the Institute in February, 1986. However, by Memo dated September 19, 1986 the second respondent intimated the appellant that her admission had not been approved by the University of Mysore. The relevant portion of the letter of the Registrar of the University of Mysore, as quoted in the said Memo, is given below :-

"She has secured 54% in B.Sc., but secured 43% in PUC. Hence she is not eligible. Her admission may be cancelled."

5. The appellant moved the Karnataka High Court by filing a writ petition under Art. 226 of the Constitution of India challenging the validity of the cancellation of her admission in the First Year MBBS Course and praying for an order directing the respondents to allow her to continue as a student of the First Year MBBS Course.

6. A learned single Judge of the High Court by his judgment dated April 8, 1987 rejected the writ petition on the ground that the appellant not having obtained 50% marks in the aggregate in Physics, Chemistry and Biology in the PUC examination, was not eligible for admission to the MBBS Course. On appeal by the appellant, the Division Bench of the High Court also took the same view and dismissed the appeal. Hence the present appeal by special leave.

7. The Mysore University to which the Institute or College is affiliated has framed regulations regarding admission to MBBS Course for the academic year 1985-86. The relevant provisions of the said regulations are extracted below

"1. Admissions - Eligibility:

a) The candidate shall have passed the Two Year PUC. Examination conducted by the PUC Board, Karnataka State with Physics, Chemistry and Biology as optional subjects or any other examinations recognised as equivalent by the Mysore University

and/or

shall have passed the competitive examination conducted by the Karnataka Government for this purpose.

or

B.Sc. Examination of an Indian University provided that he has passed the B.Sc. Examination with not less than two of the following subjects Physics, Chemistry, Biology. (Botany, Zoology)

and further that he has passed the earlier qualifying examinations with the following subjects :

Physics, Chemistry, Biology and English.

Provided that the candidate should have secured not less than 50% of the total marks in Physics, Chemistry, Biolo