( 1 ) SHASHI Kant Mall the petitioner, passed the Intermediate Examination conducted by the U. P. Board of High School and Intermediate Education in Science in First Division securing 75. 6% marks in the subjects offered by him. He applied for admission in Bachelor of Technology (Civil) in G. B. Pant Krishi Evam Pra-tiyogik Vishwavidyalaya, Pantnagar (Naini Tal) (hereinafter referred to as the pantnagar University ).

( 2 ) ON 28-7-1980, the petitioner learnt that he had not been admitted to the Course. Immediately, the petitioner contacted the University Authorities and found that as the petitioner had passed the intermediate Examination, which is the prescribed minimum eligibility examination, in two attempts 3 per cent marks were liable to be deducted from the overall percentage of marks secured by him in the eligibility examination for determining his merit for admission. The petitioner submmitted an application clarifying that he had not passed the prescribed minimum eligibility examination in two attempts. He pointed out that after passing the High School examination in 1977, the petitioner ioined intermediate in 1978. In that year, the petitioner could not a