IMPORTANT POINT
Courts will not interfere with the said policy relating to an academic matter.

JUDGMENT

K.G. Balakrishnan, CJI : —

This appeal, by special leave, has been filed by the appellant-Guru Nanak Dev University against the judgment dated 5.7.2005 of a Division Bench of the High Court of Punjab & Haryana, whereby the writ petition filed by the first respondent herein was allowed approving his admission to the LL.B. (three years professional) course at St. Soldier Law College, Jalandhar, affiliated to the Appellant.

2. The Government of Punjab authorized Punjab University to conduct a Common Entrance Test for selection of students for admission to three year LL.B. (Professional) course for the session commencing from 2004-2005, for the various colleges affiliated to or run by the said University and the appellant university. The first respondent appeared for the entrance test held on 8.7.2004 and was declared successful. He attended the counselling and was selected and was admitted to St. Soldier Law College at Jalandar (second respondent) affiliated to appellant university. He paid the tuition fee of Rs.25000/- to the second respondent and attended college regularly. The final examinations of first semester were held in December, 2004. After scrutinizing the records relating to the first respondent, the appellant university registered the first respondent for the examination with Roll No.4723. The first respondent appeared for the first semester examination.

3. Thereafter, the appellant university wrote a letter dated 20.12.2004 informing the college that first respondent’s basic degree was M.A.(English) from Annamalai University through Distance Education, which was not recognized by it and therefore, his admission to LL.B. course should be cancelled. The first respondent submitted a detailed representation contending that his admission was valid. The appellant did not agree and by letter dated 29.3.2005 directed the second respondent college to cancel the admission of the first respondent.

4. Feeling aggrieved, the first respondent filed a writ petition before the High Court of Punjab & Haryana, contending that he was eligible for admission as he possessed a M.A. degree recognized as equivalent to M.A. degree of the appellant-University and that his admission could not be cancelled. The High Court accepted the contention of the first respondent and directed that his admission to LL.B. course be restored forthwith. The High Court rejected the contention of the appellant that a bachelor’s degree was a pre-condition for admission to the LL.B course by holding that prescription of M.A. was an alternative eligibility qualification for admission to the course. These findings of the High Court are challenged before us.

5. The academic qualification prescribed for admission to three years LL.B professional course (vide Handbook of Information)is as follows:

“Candidates who have passed bachelor’s Degree of Guru Nanak Dev University or any other equivalent examination recognized as such by the University with not less than 45% marks; or Master’s Degree of Guru Nanak Dev University or of any other University recognized as equivalent thereto.”

6. The appellant-University submitted that a Bachelor’s degree is a must for admission, and the Master’s degree of the appellant University (or the equivalent) was considered as an eligible qualification for admission, only where the candidate had not secured 45% marks in the Bachelor’s degree course.

7. This argument of the appellant-University is contested by the first respondent, who appeared in person. According to him, the provision relating to eligibility used the word “or” between the two qualifications prescribed; and that indicated that they were alternatives and possessing either of them would make a candidate eligible. He submitted that as he possessed M.A. (English) degree from the Annamalai University, through Distance Education, under the Open University System (OUS), he fulfilled the alternative requirement prescribed, that is, a master’s degree recognized as equivalent to t