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Court No.21
Civil Misc. Writ Petition No.4639 of 2010
Abdul Haque
Versus
Vice Chancellor, Aligarh Muslim University,
Aligarh, and others
Hon'ble V.K. Shukla, J.
Present writ petition has been filed by the petitioners for issuing a writ in
the nature of mandamus commanding the respondents to admit the petitioners
in B. Th(Hons) Sunni in Session 2009-10.
Brief background of the case is that the petitioners have passed Maulvi
Examination-2008 from U.P. Board of Madarsa Education, Lucknow.
Petitioners claim that U.P. Board of Madarsa Education, Lucknow was known
as Board of Arabic & Persian Examination, U.P. Allahabad and course of
Maulvi/Munsi/Alim is recognized/approved by the respondent University for
admission in B. Th(Hons) Sunni in Session 2009-10. Petitioners claim to have
applied for consideration of their candidature for admission in said course, but
they were not accorded admission on the ground that they were “not eligible”.
The petitioners contention is that their claim has been wrongly non-suited and
with this allegation they have approached this Court with the prayer mentioned
above.
Counter affidavit has been filed, and therein it has been admitted that
course of Maulvi/Munsi/Ali from the Board of Arabic & Persian Examination,
U.P. Allahabad was recognized and approved for admission to B. Th (Hons)
Sunni in Session 2009-10, and further it has been mentioned that admission in
said course is non-test course and the admission is based on percentage of
marks obtained by the candidate in qualifying examination. It has been further
mentioned that the petitioners have appended their mark-sheets and there are
total 20 seats in B. Th(Hons) Sunni course in Session 2009-10 in the
Department of Sunni Theology, Aligarh Muslim University, Aligarh. The last
admitted candidate to the course belonging to external category has secured
60% marks in the qualifying examination and the petitioners being lower in
merits were denied admission, and it is wrong to say that the petitioners
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possess higher percentage of marks than the candidates selected for
admission in external category. The last selected candidate in external
category is Mr. Faizal Khan, who has secured 60% marks, and the percentage
of marks secured by the petitioners is admittedly less than 60%. Details have
also been furnished and the candidates whose name figure at serial Nos.1, 2
and 12 of the list referred to above are internal category candidates. The
petitioners being external candidates cannot claim parity with the internal
candidates, who form a separate class.
Rejoinder affidavit has been filed, and therein the averments mentioned
in the counter affidavit have been disputed. Reliance has been sought to be
placed on comprehensive details of the selected candidates for admission
(Annexure-R.A.-1).
After pleadings inter se parties have been exchanged, present writ
petition has been taken up for final hearing and disposal with the consent of
the parties.
Sri M.F. Ansari, Advocate, appearing for the petitioners, contended with
vehemence that the candidature of the petitioners was well within the eligibility
zone, and they have been subjected to arbitrary treatment, as such writ petition
deserves to be allowed.
Countering the said submission, Smt. Sunita Agrawal, Advocate,
representing the respondent the respondent University, on the other hand,
contended that the petitioners did not stand in the merit list, and they were not
eligible to be admitted, as such writ petition deserves to be dismissed.
After respective arguments have been advanced, factual position which
emerges in the present case is that the petitioners had applied for
consideration of their candidature for admission to B. Th(Hons) Sunni in
Session 2009-10 as external candidates. Petitioners’ apprehension is that their
candidature has been ignored on the ground that they have been awarded
qualifying examination certificate of Mauvi/Munsi/Ali from the Board of Arabic
and Persian Examination, U.P. Allahabad, which was not recognized, whereas
the University has come out with the case that the petitioners have received
less percentage of marks in qualifying examination in comparison to last
admitted candidate and thus they have been denied admission. As far as
petitioners are concerned, their marks are as follows:
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(I) Mr. Abdul Haque 54.7%
(II) Miss Iram Aziz 51.8%
(III) Mr. Mohd. Umair 49.8%
(IV) Mr. Mohd. Zaid 48.1%
(V) Mr. Mohd. Zubair 46.7%
The last candidate, who has been admitted in the category of external
category is Mr. Faizal Khan, has obtained 60% marks. Once last admitted
candidate has secured 60% marks in qualifying examination from the category
of external candidates and there being only 20 seats in the said category, then
by no stretch of imagination, petitioners could claim that they were entitled to
be admitted in B. Th(Hons) Sunni in Session 2009-10. In the said course,
further the candidates whose reference has been given by the petitioners are
Mohd. Sabrul Alam, Mohd. Naim and Zahid Ali, they were from internal
category and were granted admission in regard to internal category
candidates. Once this is the factual scenario that the last admitted candidate
from the category of the petitioners has secured higher percentage of marks
than the petitioners, then the candidature of the petitioners has rightly been
non-suited.
Consequently, present writ petition is dismissed.
21.07.2010.
SRY