SOHIL NIVAS Vs. VISVESAVARARYA

JUDGEMENT

(1.) THE appellant in this writ appeal had filed writ petition No. 7748 of 2007 seeking for a writ of mandamus directing the 1st respondent-University to include the subject 'statistics' in the eligible optionals as per Rule (3) of the Government Order dated 28. 2. 2006 framed under the Karnataka Educational Institutions (Prohibition of Capitation fees) Act, 1984 and also to announce his result and for a further direction to the 2nd respondent - Engineering College to regularise his admission and announce his result with permission to take up the examination by considering 'statistics' as an eligible optional for the next academic year.

(2.) LEARNED Counsel for the appellant submits that 'statistics' has to be treated as an optional subject along with Chemistry, Bio-technology, computer Science, Biology and Electronics and take the marks obtained by the appellant in statistics for the purpose of calculating the aggregate marks for the purpose of admission to the engineering course. He contends that non-inclusion of statistics from the list of optional subjects for the purpose of Rule 3 is absolutely arbitrary and has no nexus with the object to be achieved by Rule 3.

(3.) THE learned Counsel for the respondent - University in the objections filed before the learned Single Judge has contended that the case of the appellant cannot be taken into consideration as he has scored only 42 per cent marks which is less than the marks prescribed for eligibility and since statistics is not one of the subjects prescribed and the University has adopted the resolution passed by the State Government treating only chemistry, Bio-technology, Computer Science, Biology and Electronics as optional subjects and the aggregate marks scored should be 45 per cent to be eligible for an engineering seat. Learned Counsel for the respondent-University contends that this being a policy decision, the Court cannot interfere with such a policy decision.