D H SAMUDHYATHA Vs. VISVESWARAIAH TECHNOLOGICAL UNIVERSITY

JUDGEMENT

(1.) THE petitioner is a graduate in science from Bangalore University. She has secured 49. 83% in the optional subjects in the qualifying examination. She applied to the 2nd respondent-college for admission to the master of Business Administiration (MBA) Post-graduate Degree Course of two years duration on 2-8-1999. She was admitted to the 2nd respondent-college. However, she has secured 55% aggregate in qualifying examination. However, the percentage which is relevant for eligibility for admission of MBA Course in the optional subjects is 50%, whereas the petitioner has secured only 49. 83%, i. e. , shortage of 0. 17%.

(2.) THE petitioner was admitted, she was permitted to take first semester examination held during April 2000 and the results were announced in May 2000 and she passed through in first class. Thereafter, she completed the second semester course also. When the college forwarded her admission to the University, the first respondent-University did not approve her admission on the ground that she does not possess eligibility criteria. At that juncture, the petitioner filed this writ petition seeking direction to the respondents to admit her to the MBA course and allow her to take second semester examination.

(3.) THIS Court while entertaining this writ petition passed an interim order on 24-8-2000 directing the respondents to permit the petitioner to take second semester examination commencing from 26-8-2000. It is also made clear that this permission is purely temporary and will not confer any special right on the petitioner. Thereafter, the petitioner was permitted to take the examination. However, the results of the said examination are yet to be announced. Thereafter, she has been permitted to attend third semester course and permitted to take examination and she has secured 856 marks out of 1200 marks. Hence she has been declared to be pass in first class distinction. In the fourth semester, which is the last semester, she has got 826 marks out of 1200 marks and she has been declared to be passed in first class distinction. Under these circumstances, as the petitioner has completed the course with distinction, she wants her admission be approved, her results in second semester be declared and she is given a certificate.