KIRTI JHUNJHUNWALA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) BY this petition, the petitioners seek a direction to the respondent-University to enroll the petitioners in MBA course for the academic session 2011-12, further, quash the memo dated 14.10.2011 (Annexure P/1) issued by the respondent No. 3 and to declare that the cut off date fixed by the respondent as 20.09.2011, to be illegal and contrary to the ordinance No. 4 of the University.

(2.) THE facts, in brief, as projected by the petitioners, are that the petitioners appeared in Management Aptitude Test (for short 'the MAT') conducted by AIMA authorised by All India Council for Technical Education (for short 'AICTE'). THE petitioners were granted provisional admission by the respondent No. 4 (Annexure P/2). THE respondent No. 2/Director, Technical Education, had fixed the eligibility criteria for admission to MBA course vide letter dated 29.12.2010 (Annexure P/3). THE petitioners appeared in MAT examination held on 04.09.2011. THE MAT examination is usually conducted four times in a year in the month of February, May, September and December. THE minimum qualification prescribed for appearing in MAT is graduation in any discipline from any recognized University or equivalent degree. A final year student of graduation can also appear provisionally. THE petitioners were given provisional admission on the basis of their participation in MAT examination, subject to their clearing the MAT examination. However, the result of MAT examination was declared on 25.09.2011 after which the petitioners submitted their score cards. THE admission process was monitored by the respondent- University. THE respondent-College i.e. Raipur Institute of Technology (for short 'the RIT') sent the list of the students alongwith the score cards which was orally refused to be accepted, as the same was submitted on 01.10.2011. As per the ordinance No. 4 of the respondent-University, the last date of submission of application form for enrollment was 30.09.2011 but the respondent No. 2, Department of Technical Education, fixed the same as 20.09.2011.

(3.) ON the other hand, Shri Anumeh Shrivastava, learned counsel appearing for the respondent-University would concur with the submission of Shri Dangi in respect of holding of MAT, however, Shri Shrivastava would submit that the petitioners wrongly appeared in the month of September, 2011 for qualifying MAT examination. The MAT examination score card remains valid for one year and mere acquisition of eligibility does not confer any right upon the candidate to claim admission in the very same academic session. The process of admission to various technical and other courses are regulated by the Government, upon which the respondent-University has no control. The respondent-University is only a body for enrolling the students, who have been granted admission by the Government in a particular academic session. As per the letter issued by the respondent-University on 22.07.2011, the last date for submission of enrollment forms was fixed as 23.08.2011 and for removal of any discrepancy, it was 07.09.2011. According to the contention of the petitioners themselves, examination was held on 04.09.2011 and the result of which was declared in the second week of September, 2011 by that time, the last date for submission of enrollment forms had already expired. According to the Ordinance No. 4 of the respondent-University, under clause (3) of Section 42 of the Chhattisgarh Swami Vivekanand Technical University Act, 2005, the last date for submission of application for enrollment, complete in all respects, must be submitted on or before 30th September, of the academic year. It does not even appear that the petitioners were granted provisional admission by the respondent-RIT. Shri Shrivastava would further submit that the petition has become infructuous as the semester examinations have already commenced on 24.11.2011. This does not, in any way prejudice the petitioners.