A.SUDHA vs UNIVERSITY OF MYSORE & ANR. Supreme Court, 06-10-1987

CourtSupreme Court (India)
JudgeDUTT,M.M. (J)
Parties A.SUDHAUNIVERSITY OF MYSORE & ANR.
Docket NumberSpecial Leave Petition (Civil) 6737 of 1987
http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 1 of 8
PETITIONER:
A.SUDHA
Vs.
RESPONDENT:
UNIVERSITY OF MYSORE & ANR.
DATE OF JUDGMENT06/10/1987
BENCH:
DUTT, M.M. (J)
BENCH:
DUTT, M.M. (J)
MISRA RANGNATH
CITATION:
1987 AIR 2305 1988 SCR (1) 368
1987 SCC (4) 537 JT 1987 (4) 29
1987 SCALE (2)699
ACT:
Admission to Medical College-Where a student has
obtained admission relying upon information supplied by the
head of the institution and later on it turns out that the
admission was not in conformity with the University
Regulations, the student being innocent, cannot be penalised
by not allowing to continue studies.
HEADNOTE:
The appellant, who had passed B.Sc. Examination with
Botany. Chemistry and zoology securing 54.7% marks in the
aggregate, and, who had passed earlier the P.U.C.
examination with Physics, Chemistry and Biology securing
43.1% marks in the aggregate, joined a private medical
college after its principal had confirmed in writing that
she was eligible for admission to the M.B.B.S. Course. After
six months in the college, she was informed by the principal
that her admission had not been approved by the University
as she had secured only 43% marks in the P.U.C. examination
while the required minimum was 50% according to the
Regulations framed by the University. The appellant’s writ
petition challenging the validity of the cancellation of her
admission to the medical college having been dismissed by a
Single Judge and her appeal against the same having been
rejected by the Division Bench of the High Court, she
approached the Court by special leave.
Counsel for the appellant contended inter alia that she
was eligible for admission in terms of the Karnataka Medical
Colleges (Selection of Candidates for Admission to M.B.B.S.)
Rules, 1985, and that in any case, since the appellant had
completed the first year M.B.B.S. Course by virtue of
interim orders passed by the High Court and this Court, she
should be allowed to continue her studies in the M.B.B.S.
Course.
Allowing the appeal,
^
HELD: Under Regulation l(a) of the Regulations of the
University regarding admission to M.B.B.S. Course for the
Academic year 198586, a candidate after passing B.Sc.
Examination and seeking admission in the seats reserved for
B.Sc. candidates should have secured 50% of the total marks

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