ROMIL JAIN Vs. INDIAN INSTITUTE OF TECHNOLOGY

JUDGEMENT

(1.) The petitioner is an applicant for the admission to the MBA programme conducted by the respondent - Indian Institute of Technology, New Delhi. He has approached this Court against the proposed cancellation of the provisional admission given to him on the ground that he did not produce proof of having appeared/passed in the qualifying examination by 31.7.1997.

(2.) According to the petitioner, he is a final year student of B.Tech (Bachelor of Technology) in Jamia Millia Islamia. The final year examination of B.Tech course was scheduled to be started from 2nd May, 1997 but owing to the strike in the university the examination could not be held in time. The examination commenced only from 22nd July, 1997 and was scheduled to becompleted by 29th August, 1997 The results of the examination were expected to come by the end of September, 1997 In the meanwhile, the petitioner had in November, 1996 submitted his application for admission to MBA programee (1997-1998 session) in the Department of Management Studies of the Indian Institute of Technology, New Delhi. The petitioner appeared in the written test held on 21st December, 1996 and in the group discussion/interview held on 14th February, 1997. On the basis of his performance in the written test and group discussion/interview the petitioner was offerecl admission to the MBA programee vide Annexure A letter dated 7.5.1997 of the respondent Bythesaidletterdated7.5.1997 the pctitioner was in formed that he had been selected for the admission to the MBA programme on full time basis subject to the terms and conditions mentioned in the letter. It was specifically stated in the said letter that the petitioner's admission was provisional subject to the production of attested of the qualifying degree certificate/mark sheets showing the required percentage of marks/CGPA by 31.10.1997 and also proof of having appeared passed in the qualifying examination by 23.7.1997. It was further directed that ther petitioner must report for central registration on 23rd July, 1997 at 3.00 pm. if he failed to register on 23rd July, 1997 the offer of admission would automatically stand cancelled, even if he had already paid the institute/hostel dues. Pursuant to Annexure A letter dated 7.5.1997 the petitioner deposited the first instalment of dues amounting to Rs. 28,950.00 within the stipulated time but since his final year examination in B.Tech course (qualifying examination) had not been held he was not in a position to submit proof of his having appeared/passed in the qualifying examination by 23.7.1997 or by the extended date of 31st July, 1997. According to the petitioner, he would be in a position to submit the said proof of having appeared/passed in the qualifying examination only on or after 29th August, 1997 on which date the said examination was expected to be completed. 7 he petitioner approached the respondent through Annexure B letter dated 17.7.1997 requesting that lieinight be permitted to submit the proof of havingappeared in the qualifying examination after 29th August, 1997.1 However the petitioner did not receive any reply. Thereafter the petitioner's father made a written request dated 25.7.1997 to consider his son's case sympathetically. No reply was received to the said request also. The petitioner's father again submitted Annexure E mercy petition dated 28.7.1997 requesting for relaxation of the date for submitting proof of having appeared in the qualifying examination. The said petition also did not evoke any response from respondent.

(3.) Hence the petitioner has filed this writ petition praying for a direction to the respondent to grant relaxation/permission to the petitioner to submit the proof of having appeared in qualifying examination by 29th August, 1997 when his examination would be completed. He has also prayed for a direction to the respondent not to cancel the offer of admission contained in Annexure A letter dated 7.5.1997. After filing the writ petition and before notice was issued to the respondent the petitioner placed on record a copy of the communication dated 31.7.1997 received from the respondent informing the petitioner that the respondent had decided that selected candidates whose examinations were not over by 31.7.1997 should not be permitted for the MBA programee.