( 1 ). The present petition is directed against respondent No. 2 for an appropriate writ, order and direction for declaration that the inclusion of English or Hindi marks for the purpose of calculation of the percentage of marks obtained by a candidate in computing the merit for grant of admission to B. Com. (Hons)is arbitrary, illegal and unjustified. .

( 2 ). The brief facts of the case are that the petitioner passed All India Senior Secondary School Certificate Examination, 1996 and obtained the following marks out of the maximum prescribed 100 marks:. Isi

( 3 ). The petitioner applied to respondent No. 2 College for registration and admission to B. Com. (Hons) course for the academic session 1996-97. It is alleged that the aforesaid marks obtained by the petitioner, if evaluated on the basis of the relevant subjects for the course of B. Com. (Hons) i. e. Economics, Mathematics, Business Studies and Accountancy, the petitioner will be entitled to admission as she has secured 359 out of 400 marks in these subjects which brings her percentage to 89. 75 per cent. In case the aggregate of all the five subjects including 58 marks given to the petitioner in English Core is considered the percentage of marks would drop to 83. 40 per cent.

( 4 ). The procedure for admission for Graduate Courses including B. Com. (Hons) has been stipulated by respondent No. 1 vide letter dated June 3, 1996. The copy of this communication is filed as Annexure III to the writ petition and it is contended that the procedure has been issued by the Registrar of respondent No. l to all Colleges including that of respondent No. 2 and is binding on them. Relevant provisions on which reliance has been placed are contained in Clauses 4 and 5 which read as follows:

"4. All admissions to B. A. (Pass) - Vocational Studies, B. Com. (Pass)/b. Sc. (Genl.)/b. Sc. Mathematical Sciences courses shall be done strictly according to merit on the basis of percentage of marks secured by the students in one language including Sanskrit and three best elective subjects relevant to the course applied for, 5. The admission to B. Com. (Pass ). B. A. (Hons.) and B. Com. (Hons.) Courses be on the basis of marks. However, the Colleges may give weightage of marks obtained in one or more relevant individual subjects in addition to the aggregate marks of the qualifying examination. But whenever weightage is proposed to be given in any individual subject (s) by the College, it should be notified sufficiently in advance to the students through the College prospectus/ Notice Board so that applicants seeking admission know in advance the basis of admission. " In the present case respondent No. 2 College has formulated its criteria for admission to B. Com. (Hons) as stated in the prospectus in the following manfter: "b. COM. (HONOURS) The position of candidates with different combinations of subjects at the qualifying examination 1995-96 for admission to the B. Com. (Hons.) course during the academic year 1996-97 would, be determined by the following criteria: A. Senior School Certificate Examination (12 years) or Equivalent Examination with one paper each in Accountancy, Commerce, Economics and Mathematics. (0) B. Senior School Certificate Examination (12 years) or Equivalent Examination with three papers from amongst Accountancy, Commerce, Economics and Mathematics. (-)2 C. Senior School Certificate Examination (12 years) or Equivalent Examination with any two papers from amongst Accountancy,commerce. Economics and Mathematics. (-)4 D. Senior School Certificate Examination (12 years) or Equivalent Examination with any one paper from amongst Accountancy, Commerce, Economics and Mathematics. (-)5 E. Others. (-)8 (To elucidate, if candidate in category E has 94% marks, his/her marks are equivalent to 86% marks in category A ). The cut-off point of category A for the academic year 1995-96 was 86%. Only those subjects will counted for determining the aforesaid categories in whic