The literal meaning of the prospectus stipulation required 45% marks in aggregate for admission to the LLB course, not the average of the percentage of each subject considered separately.

JUDGMENT :

C.Pratheep Kumar, J.

1. This appeal has been preferred by a student, whose application for admission to three year LLB course was rejected by the Calicut University, being aggrieved by the judgment of the learned Single Judge in W.P.(C).27540/2018.

2. As per clause 6 (ii) (b) of Ext.P4 prospectus, “a candidate who has passed the Bachelor's Degree examination with a minimum of 45% marks in aggregate (i.e., 45% marks for all the parts of the Degree Examination taken together) shall alone be eligible for admission to the 3 year LLB course.”. In the instant case, the appellant had only 716 marks out of 1600, which will come to only 44.75%. It was in the above context that he was denied admission to the LLB course.

3. According to the appellant, if the percentage of each subject is taken separately and its average is taken, he has 46.06% marks and in that case he is eligible to get admission. Therefore, according to him, the judgment of the learned Single Judge dismissing his writ petition is liable to be set aside.

4. On the other hand, the learned counsel appearing for the respondents would argue that in order to become eligible for admission to three year LLB course, 45% marks in aggregate is necessary and as such, the appellant is ineligible to get admission. Therefore, according to him, there is absolutely no merit in the appeal.

5. As per Ext.P1 mark list produced by the appellant, he had 112 marks out of 300 for English, 110 out of 300 for Hindi, 100 out of 200 for Mathematics, 122 out of 200 for Physics and 272 out of 600 for Chemistry. So the total marks scored by him is 716 out of 1600. Therefore, when the aggregate mark scored by him for all subjects taken together, the percentage of marks is only 44.75. On the other hand, if the percentage of each subject is separately taken as contended by the learned counsel for the appellant, the percentage will come as follows :

6. As we have already noted above, as per the prospectus for admission to the three year LLB course, the candidate should have 45% marks for all the parts of the degree examination taken together. Going by Ext.P4 prospectus, the percentage of marks cannot be computed in any other manner including the manner suggested by the appellant by separately calculating percentage for each subject and taking its average.

7. In the affidavit filed by the Registrar, University of Calicut, on behalf of respondents 1 and 2, it was submitted that as directed by this Court in its interim order dated 15.3.2023 the Vice Chancellor of the University has considered the entire aspects of the matter afresh. As per the affidavit, the regulation framed by the academic council is the statutory prescription and there is no provision for relaxing the regulation either by the Vice Chancellor or even by the academic council. The fact that the petitioner has attained the age of 62 is not relevant for consideration of relaxing the qualification. The affidavit further states that only candidates obtaining the eligible criteria can undergo the course.

8. In Ganapath Singh Gangaram Singh Rajput and Another v. Gulbarga University Rep. By its Registrar and Others, 2013 KHC 4875, while considering the eligibility of a candidate for appointment as lecturer in the post graduate department of Gulbarga university, the Hon'ble Supreme Court held that when an expert body consisting of high academicians makes a finding regarding the eligibility of a candidate, the High Court ought not have acted as a Court of appeal, examining pros and cons and come to a different conclusion.

9. In the ins