SUPREME COURT OF INDIA

Before:- A.P. Misra and Doraiswamy Raju, JJ.

Civil Appeal No. 7188 of 2000 (Arising out of SLP(C) No.13633/2000). D/d. 8.12.2000.

University Grant Commission - Appellant

Versus

Bijoy Oommen & Ors. - Respondents

Education - Entrance test - Fulfilment of minimum eligibility condition - Determination of - It was specifically mentioned in the advertisement that grace marks are to be excluded - Respondent securing 55% marks with 4 grace marks - Not having the minimum eligibility marks of 55% - High Court not adverting to the advertisement - Appeal against the order of High Court allowed.

[Para 3]

JUDGMENT

1. Leave granted.

2. Heard learned counsel for the parties.

3. The main ground submitted by the appellant is that the advertisement is very clear which gives the minimum eligibility marks to be 55% excluding the grace marks. It is not in dispute in the present case that the respondent in whose favour the writ petition was allowed by the High Court has secured 55% marks with 4 grace marks. In view of that the minimum eligibility is not there so far as the contesting respondent is concerned. The High Court fell into error in allowing the writ petition without properly adverting to the advertisement which specified the minimum eligibility condition.

4. Accordingly, we set aside the order of the High Court. The writ petition of the contesting respondent is dismissed.

5. The appeal is allowed. Costs on the parties.

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