KRISHNENDU HAIDER Vs. VISVESVARAYA TECHNOLOGICAL UNIVERSITY

JUDGEMENT

(1.) PETITIONER is a student presently studying in the 1st semester of Bachelor of Engineering (BE) course in Information science and Engineering in the 3rd respondent-College. He is admitted to the BE course during the academic year 2007-08. He claims to belong to scheduled caste community of 'malo' in the State of West Bengal. Petitioner has passed his plus-two examination of the West Bengal Council of Higher secondary Education during 2007 securing in all 132 marks out of 300 in the elective subjects. The break-up of marks obtained by him is Physics 41, Maths 44, Chemistry 47. Thus, in the optional subjects, he has secured overall 44% marks.

(2.) THE 3rd respondent college sought for approval of admission of the petitioner from the 1st respondent-University. The University issued communications dated 27-12-2007 and 7-12-2007 vide Annexures M and K respectively informing that admission of petitioner was not approved as the marks obtained by him in the optional subjects were less than prescribed. The University further stated that the petitioner-student did not fulfill the eligibility criteria in that regard, as per the Government order in force. Challenging these two communications and seeking a direction to the university to approve his admission he has filed this writ petition. He has also sought for a declaration that as he belonged to Scheduled caste he was entitled for reduced eligibility criteria extended to Scheduled Castes in the State of Karnataka. Further, he has sought for a declaration that the regulations of AICTE as per Annexure-D would govern his admission.

(3.) LEARNED Senior Counsel Sri Madhusudan r. Naik appearing for the petitioner has urged the following contentions.