Mohan, J- W. P. No. 2372 of 1976: — This writ petition is for mandamus to direct the first respondent to treat the petitioner’s pass in the Indian Certificate of Secondary Education examination as unconditionality equivalent to a pass in the Matriculation examination of the University of Madras to enable her to enter upon the University Course of Study in the Pre-University Class in any of the affiliated colleges. The petitioner who took the Indian Certificate of Secondary Education Examination, shortly known as ICSE after ten years of schooling obtained marks as follows:

English ... 60

Hindi ... 40

History ... 46

Geography ... 35

Modern Mathematics ... 35

Science ... 44

The University of Madras has prescribed the following Entrance Qualifications under entry 17:

"Indian Certificate of Secondary Education Examination conducted by the Council for the Indian School Certificate Examinations, New Delhi will be recognised as equivalent to the Matriculation Examination of the University for purposes of admission to the Pre-University course in this University subject to the condition that the candidates should obtain 40 per cent, of the marks in the subject of (1) English language and literature, (2) Mathematics or Modern Mathematics, (3) Physics, Chemistry and Biology; and 35 per cent in the other compulsory subject and pass the whole examination at one sitting."

As the petitioner has scored only 35 marks in Modern Mathematics, in view of the above, she becomes ineligible to enter the University of Madras. It is this prescription that is challenged on various grounds chiefly under sections 19 and 31 of the Madras University Act read with section 36, that such a qualification cannot be prescribed, more so in view of section 36 (1) . The said section reads:

36. (1) No person shall be admitted to the pre-university course or other entrance courses of study in the University unless he —

(i) has passed the Matriculation examination; or

(ii) holds the Secondary-leaving certificate and has been declared eligible by the Syndicate under conditions prescribed by the University Authorities concerned for such course or courses of study; or

(iii) has passed an examination of any other University or authority recognised by the Syndicate as equivalent to the examinations specified in clause (i) or clause (ii) and (iv) fulfils such other conditions as may be prescribed by the Syndicate.

"Such other conditions as may be prescribed by the Syndicate cannot mean prescription as is done in the instant case. All that the University is entitled to do is to say a particular examination is equivalent or not for the purpose of admission to the University course. In other cases for admission to a professional degree, prescription of minimum percentage of marks might be held to be-good, but not for a mere admission to the Pre-University Course. The stand of the University is that persons like the petitioner have put in only a ten-year course of study, while the holders of S.S.L.C., or Matriculates of the University have put in 11 years course and, therefore, the percentage of marks is prescribed so that a higher academic standard could be maintained. The prescription of this qualification for entrance to Pre-University Course is done under section 19 (p) as well as section 31 (a) of the Madras University Act. I find under similar circumstances, Ramanujam, J., in (B. Diwakaran v. Madurai University, represented by the Registrar and another)1 has upheld the power of the Madurai University to prescribe such qualifications. Though I am in respectful agreement with that judgment, the learned counsel for the petitioner would try to argue stating as to whether a by-law prescribing the qualification could be considered ultra vires of its section was not argued in that case and, therefore, that decision will have no application. Having regard to the importance of the matter and in any event a judgment rendered by me would be taken up in appeal by either of the parties, I thi

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