DEBASHREE CHOWDHURY Vs. VISVESWARAIAH TECHNOLOGICAL UNIVERSITY

JUDGEMENT

(1.) THESE two petitioners seeking a direction directing the first respondent-University to approve the admissions of the petitioners taking the prescription of eligibility as notified by the third respondent AICTE under notification as per Annexure-A by advertisement No. 22/2002 issued and published in the Indian National daily newspaper the New Indian Express edition on Friday, november 1, 2002 and further seeking a direction to the first respondent to treat the requirement of eligibility as one of passing/possessing any recognised Bachelor's Decree of minimum 3 years duration in any discipline, and for the course of study of MCA, requiring a study in the subject of mathematics at 10 + 2 level without prescription of any particular percentage of marks qualifying as notified by the third respondent, AICTE under notification vide annexure A by advertisement in the news paper dated 1-11-2002 as referred above and consequently approve the admission of the petitioners further directing the respondents to give benefit of appearance in the examination that were conducted in February 2003 by announcement of their result, have presented the instant writ petition.

(2.) THESE two petitioners are the students of second respondent college undergoing study in the courses of MCA and MBA respectively. The first petitioner has secured percentage of 49. 4 and the second petitioner has secured 49% in the qualifying examinations. Accordingly, they have filed application in the second respondent Institute. They have been admitted and they were prosecuting their studies for one year 2002-03. The college authority-second respondent has forwarded the admission of these petitioners to the first respondent-University for approval of their admissions. Their admissions have not been approved on the ground that as per the existing regulations, the minimum requirement of 50 marks should be possessed in the qualifying examination. At this stage these petitioners felt necessitated to present this writ petition seeking appropriate direction as referred to above.

(3.) I heard the Learned Counsel appearing for the petitioners and the Learned Counsel appearing for the respondents.