BHAVIKA MANAGALANANDAN Vs. UNION OF INDIA

JUDGEMENT

(1.) Aggrieved by judgment dated 9th June, 2010 in W.P.(C) No. 30355 of 2009 the unsuccessful Petitioner therein preferred the present Writ Appeal.

(2.) The Appellant completed her B. Tech. Degree in the year 2007 from the University of Kerala and appeared for the examination popularly called GATE (Graduate Aptitude Test in Engineering) in the year 2009. It is stated in the prospectus for Admission to M. Tech. and M. Sc. (Tech.) Programme that it is an examination conducted by the seven Indian Institutes of Technology and the Indian Institute of Science, Bangalore on behalf of the National Coordinating Board - GATE, Department of Education, Ministry of Human Resources Development, Government of India. The Appellant secured a score of 543 in the said examination. The Appellant applied for admission into various courses both in the Indian Institute of Technology and the National Institute of Technology created under the Institutes of Technology Act, 1961 and the National Institutes of Technology Act, 2007 respectively. As per the Information Bulletin for the year 2009-2010 issued by the National Institute of Technology, Calicut whose Director is shown to be the second Respondent in the Writ Petition and the Writ Appeal, the eligibility for admission into the above mentioned institution is as follows:

(3.) The Appellant was admitted into the M. Tech. (Instrumentation and Control Systems) on 22.7.2009. In the meanwhile, the Appellant secured admission in the Indian Institute of Technology, Delhi on 27th July, 2009. It appears on 28.7.2009 the Appellant informed the authorities of the second Respondent institution that she would vacate the seat allotted in her favour. Subsequently followed by a telephone message the Appellant claims to have sent a Fax message to the same effect on 29.7.2009.