ORDER
1. On December 15, 1995, the Registrar, Punjab University informed the Principal of the Punjab Engineering College that Charan Singh, the present petitioner was not eligible for admission to the Master of Engineering course in view of the provisions of Regulation 3.3 of the Punjab University Calendar, Volume II. On receipt of this communication, the Principal of the Engineering College-respondent No. 2 deleted the petitioner’s name from the college Rolls. Aggrieved by these two orders, copies of which have been produced as Annexure P. 9 and P. 10 with the writ petition, the petitioner has filed the present writ petition. He prays that these two orders be quashed.
2. The respondents controvert the petitioner’s claim and maintain that the petitioner is not eligible for admission.
3. The short question that arises for consideration is — was the petitioner eligible for admission to the Master of Engineering Course at the Punjab Engineering College, Chandigarh ?
4. The relevant provisions are contained in the regulations framed by the University for the award of Degree of Master of Engineering. Regulation 3.1 inter alia provides that a person holding the qualifications of “Bachelor of Engineering with atleast 50% marks in the aggregate in the branch selected for the Master of Engineering degree course or a “Bachelor of Engineering or other equivalent degree from another University in the branch selected…….” or a “Post Graduate Diploma in the branch selected for the Master of Engineering from the Punjab University…..” or “B.Sc. degree in Aeronautical Engineering …..for admission to M.Sc. Mechanical Engineering (Rotody namics Machines) course or B.Sc. degree in Production Engineering …..with at least 50% marks in the aggregate for admission to M.Sc. Mechanical Engineering (Design) and M.Sc. Mechanical Engineering (Production) courses” shall be eligible for admission to the course for the degree of Master of Engineering. Regulation 3.3 on which the learned counsel for the parties have placed reliance, provides as under :–
“3.3 A candidate who has passed A and B sections of Institution of Engineers (India), Calcutta, examination or I.E.T.E. Graduate examination (conducted by the Institution of Electronics and Telecommunication Engineers, New Delhi) with at least 50% marks after having passed the Diploma examination and has at least 5 years’ research or professional experience may be admitted to Master of Engineering Course provided he has passed the written and oral test as prescribed by the Head of the Department concerned.
OR
A candidate who has passed A and B sections of Institution of Engineers (India), Calcutta, examination with at least 50% marks after having passed B.Arch. examination with at least 60% marks and has at least 5 years’ research or teaching or professional experience may be admitted to Master of Engineering (Civil/Structure) course provided he has passed the written and oral lest as prescribed by the Head of the Department concerned.”
5. A perusal of the above provision shows that a candidate becomes eligible for admission to the Master of Engineering course if he possesses the following qualifications :–
(i) has passed the diploma examination;
(ii) has passed Sections A and B of the examination conducted by the Institution of Engineers (India) with atleast 50% marks;
(iii) has at least 5 years’ research or professional experience;
(iv) has passed the written and oral test as prescribed by the Head of the Department;
OR
(i) has passed the B. Architecture examination with at least 60% marks;
(ii) has passed Sections A and B of the examination conducted by the Institution of Engineers (India) with at least 50% marks;
(iii) has at least 5 years’ research or teaching or professional experience :
(iv) has passed the written and oral test prescribed by the Head of the Department.
6. It is only when a candidate possesses either of the above mentioned qualifications that he becomes eligible for admission to the Master of Engineering course. Another thing which stands out is that if a person who has graduated in Architecture wants to join the Post-Graduate Course in any branch leading to a degree of Master of Engineering, the regulation specifically requires that he should have secured 60% marks in the Bachelor of Architecture examination. In other words, a person who has merely a diploma in Architecture is not eligible.
7. What is the position in the present case?
8. The petitioner on his own showing completed the three years’ diploma course “in Architecture Assistantship…. at the Government Polytechnic, Sundernagar….” He is not a Graduate in Architecture. He has not passed the Bachelor of Architecture examination with 60% marks. In spite of that, the petitioner sought admission to the Master of Engineering course on the ground that he has the qualification of a diploma. Initially, it appears that the College had overlooked the provision of the regulation. The petitioner was allowed to appear in the test and was even admitted. He had even been permitted to appear in the first semester examination. However, when the University discovered the mistake, it withheld the result and informed the college that the petitioner was noteligible for admission to the course leading to the degree of Master of Engineering. On the plain language of the regulation, the action appears to be legal.
9. Mr. Dinesh Kumar, learned Counsel for the petitioner has submitted that the only requirement of Regulation 3.3 is that a candidate should have passed a diploma examination prior to passing Sections A and B of the examination conducted by the Institution of Engineers. If one were to read the first part of Regulation 3.3 or if the second part was not there, the argument would have been probably worthy of acceptance. However, the second part of the regulation clearly shows that the basic intention of the authorities is that a candidate should have qualifications equivalent to a degree in Engineering in the branch concerned before he is admitted to the Post-Graduate Course. A person who has studied Architecture or obtained a diploma therefor, may technically have a diploma but he is not qualified for the Post-Graduate studies in Engineering. Only a Graduate in Architecture with at least 60% marks has been permitted by the regulation to be considered for admission. This too is subject to the candidate fulfilling the other qualifications. Under the regulation, even if a candidate has secured 59% marks in the Bachelor of Architecture examination is not eligible for admission to the Master of Engineering course. If a Graduate in Architecture is not eligible, it is not understood as to how a person who is a mere diploma holder can be eligible. In case of persons possessing the qualification of diploma in Engineering, the regulation has permitted admission to a Post-Graduate Course in view of the fact that after diploma in Engineering, the candidate has also qualified Sections A and B of the examination conducted by the Institution of Engineers and gained sufficient professional experience of five years thereafter.
10. Mr. Dinesh Kumar has further submitted that the petitioner had disclosed full facts and, therefore, the respondents were now estopped from cancelling his admission.
11. Admittedly, the petitioner is not eligible under the regulation. The mere fact that he was granted admission either through oversight or in ignorance of the regulation, does not mean that the University is bound by the action of the college. If the College had admitted the petitioner under some mistake, the University was not bound by that action of the authorities. If the petitioner has any cause for grievance, he can sue the college for such relief as may be admissible under the law. However he has no right to impose himself on the University or to insist that he is entitled to continue his studies.
12. In view of the above, no ground for interference is made out. Accordingly, the writ petition is dismissed.
13. Petition dismissed.