N LOKESH Vs. BANGALORE UNIVERSITY

JUDGEMENT

(1.) PETITIONER passed his b. e. degree examination in february, 1994 from the Bangalore university. He claims to have taken the entrance examination for admission to post-graduate course in m. e. computer engineering and science ('ce and s' for short ). The third respondent informed the petitioner that he was provisionally selected to m. e. degree course. Petitioner paid the required fees on 30-1-1997 and was admitted to m. e. (ce and s) course and has been attending the classes regularly. When the matter stood thus, third respondent-college issued a memo dated 12-6-1997 (Annexure-H) cancelling his admission to m. e. (ce and s) course on the ground that his basic b. e. degree was in electronics and not in computer science and therefore he was ineligible for admission according to the regulations. The said memo is based on the communication dated 6-6-1997 (Annexure-j) from the second respondent to first respondent-university with a copy to third respondent directing cancellation of petitioner's admission on the said ground. Feeling aggrieved, petitioner filed this petition for quashing of Annexure-J dated 6-6-1997 and Annexure-H dated 12-6-1997. he also sought a direction to respondents 1 and 2 to admit him to m. e. (ce and s) course and permit him to continue in the said course and to take the examination relating to the said course.

(2.) THIS writ petition was filed on 18-6-1997. On 27-6-1997 Bangalore university issued a notice (Annexure-K) to the petitioner asking him to show cause as to why his admission should not be cancelled on the ground that he does not have eligibility to be admitted to m. e. (ce and s) programme. pursuant to the notice dated 27-6-1997, petitioner appeared before the registrar of Bangalore university on 1-7-1997 and submitted his statement of objections (Annexure-L ). After considering the objections and the relevant regulations governing masters degree courses in engineering, the registrar has passed an order dated 1-7-1997 (Annexure-M) cancelling the admission of the petitioner to m. e. (ce and s) course, petitioner has also sought quashing of annexure-m (by amendment application-i. a. iii which has been allowed ).

(3.) TWO questions therefore arises for consideration. They are: (a) whether the petitioner is eligible to be admitted to m. e. (ce and s) programme; and (b) whether the university and the college are estopped from cancelling his admission to m. e. (ce and s) course, having admitted him and permitted him to attend the course for nearly 4 months 10 days, even if he is not eligible. re: point (i)