Mukul Mudgal, J.@mdashThis writ petition challenges the denial of admissionto the petitioner in the Course of Diploma in Elementary Teachers Education (hereinafter referred to as E.T.E) in the academic year 2001-2002. The petitioner has passed B.Sc. (Hons) Maths from Jamia Millia and applied for admission to the above course and opted for Urdu Medium. The petitioner''s case is that clause 6.2.7 in the prospectus which is relevant for the resolution of the dispute in the present writ petition reads as follows:-
"The medium of instruction in the Jamia Milia Islamia at all stages of education and in all its instruction shall be Urdu. However, in special cases instructions will be imparted through medium of English and Hindi subject to the approval of Academic Council. It is clarified that in Science and Technology and Professional courses English will the medium of instructions and examination."
The other clause relevant for the determination of this writ petition is Clause 9.5.5.
"9.5.5. URDU MEDIUM CANDIDATE :
(a) ......
(b) "The candidate applying for admission in Urdu Medium sections should have passed High School of a higher examination with Urdu as an optional subject."
2. The petitioner submitted as under:-
(a) That the petitioner has been denied admission on the ground that he had studied only Elementary Urdu in the Secondary School Certificate. The petitioner''s case is that in the previous years all the students who studied Elementary Urdu were permitted to take the exam for E.T.E. Course.
(b) That a perusal of the Syllabus for classes IX and X shows that three options of Advance Urdu/UrduLanguage/Elementary Urdu are given. There are also other standard of Urdu i.e. Easy Urdu mentioned in the prospectus .Thus there are four different types of Urdu mentioned in the prospectus.
(c) That the denial of the petitioner''s admission is based on the stand of the respondent university that the petitioner had not done optional Urdu. In support of this plea it is stated that even in para 9.5.5, the word optional word qualifies the word "subject" and not the word" Urdu .
(d) The written test for diploma is held in both Urdu and Hindi separately and it is wrong on behalf of the respondent to suggest that Elementary Urdu is taught to the students of class III and IV.
(e) The respondent university is bound by the representation made by them in the prospectus and the petitioner who secured the tenth position in the written test out of 14,000 students took the written test, eventhough the seats are vacant.
3. On behalf of the respondent it is submitted asunder:-
(a) The petitioner had sought admission for E.T.E. course in the Urdu Medium category with sub-category of Jamia seats. A total of 13 seats with sub category of Jamia seats out of 100 are reserved for Urdu Medium - Jamia category. The principal plea of the counsel for the respondent university is that in case of ambiguity or doubt ,it is the University Ordinance which prevails and the said ordinance reads as follows:-
"should have passed High School or an Higher examination with Urdu an optional subject".
(b) The word "optional" has to be assigned a meaning in the perspective and context and must denote higher level of or standard Urdu than conveyed by the Ordinance. Elementary Urdu has standard Urdu text books only prescribed for classes III and IV and who have not studied Urdu up to standard VIII. Those who had not studied Urdu up to class VIII must compulsorily study Elementary Urdu. This is not optional. Such students who opt for Advance Urdu or Urdu Language, if successful, will become eligible to seek admission in E.T.E. as Urdu Medium candidates. Thus ,Advance Urdu and Urdu Language are optional while Elementary Urdu is compulsory,
(c) The interpretation or understanding of the phrase" Urdu "as an optional subject to include Elementary Urdu, defeats the very purpose of the eligibility criteria and renders the Ordinance otiose. Reliance has been placed on the interpretation of the university ordinance in the decision of the Constitution Bench of the Hon''ble Supreme Court in
(d) All the 13 seats in Urdu Medium Jamia have been filled .As per rules, in case the 5 vacant seats of SC/ST category or one vacant seat in sports category, were dereserved, the same would have to go to the General Category which has much higher cut off marks and its own waiting list. In any event SC/ST seats cannot bed reserved without the concurrence of the UGC and the Ministry of Human Resource Development.
4. A perusal of Clauses 6.2.7 and 9.5.5 of the prospectus demonstrates that Clauses 6.2.7 merely required passing of high school with Urdu as a subject, which the petitioner clearly satisfied. Furthermore Clause 9.5.5requires that for admission in Urdu medium sections HighSchool or an Higher examination ought to have been passed. I am of the view that the contention of the petitioner merits acceptance because no where is the scope or ambit of optional subject defined. The plea of the respondent University that the phrase optional has to be given an extended meaning so as to exclude elementary Urdu, is not borne out by the language of the prospectus and indeed the Ordinance .The word ''optional'' has to be assigned its natural meaning, so as to indicate the subject opted for bythe candidate. Consequently the petitioner''s plea that optional subject only meant the subject option him has to be accepted. The plea of the respondent that Clause'' Urdu as a subject'' has to be given a special meaning, thus cannot be accepted. In this view of the matter, the attempt by the university to suggest that the aim of the Ordinance was to insist upon a higher degree of expertise in Urdu language cannot be supported by the language of the prospectus extracted above. It is significant that the petitioner has opted for Urdu Medium Language for clearing all the subjects of Class 10 and indeed this averment in para 6 of the writ petition is not denied but it is merely stated in the counter affidavit that the petitioner passed Class 10 examination with Elementary Urdu as a compulsory subject .Significantly, the University was satisfied with the eligibility of the petitioner when the petitioner''s form as a Urdu Medium Candidate was accepted and the petitioner was allowed to appear in the written test. Not only that the petitioner was also called for the interview. Thus it leads to the inevitable conclusion that the University itself at the time of written test has treated the petitioner to be qualified. The respondent university has sought to contend that the Urdu medium category students are required to be well conversant with the said languages .Significantly, in the High School examination the petitioner has secured 68% marks in Urdu. Furthermore, the petitioner had urged that even in the previous years for this examination students studying the Elementary Urdus ought for the examination and no one was debarred from doing so and consequently the view now sought to be adopted by the University cannot be justified and operates in a hostile manner against the petitioner. In this view of the matter the interpretation sought to be put upon Clause9.5.5 by the petitioner that the word ''optional'' in the said Clause qualifies only the word ''subject'' and not the word ''Urdu'' deserves to be accepted.
5. Learned counsel for the respondent had also relied upon a judgment of the Hon''ble Supreme Court in
