ABIJA MERIN EDISON Vs. MAHATMA GANDHI UNIVERSITY

JUDGEMENT

(1.) THE dispute raised herein, essentially revolves around the manner in which the M.Tech. admissions are carried on in the various Government, Aided and Private Colleges within the State. The Government issues a prospectus similar to Exhibit P1, for each academic year, wherein, on the basis of merit, a rank list is prepared by the Director of Technical Education (for short "DTE"). Allotments are made from the said rank list to the Government and Aided Engineering Colleges by the Director himself and the list is made available to the private managements, so as to make 50% admissions from the said list. The balance 50%, as far as the private managements are concerned, could be admitted from whoever is qualified as per the prospectus issued by the DTE.

(2.) THE prospectus issued for the year 2013 is evident in Exhibit P1 and the modification made in the same year with respect to one of the clauses, is seen in Exhibit P2. Clause 5(e) as it existed, and then modified, is extracted hereunder: Clause V(e) before amendment [Exhibit P1]:

(3.) THE 1st petitioner had failed to clear the 4th and 6th semesters, the 2nd petitoner the 1st and 2nd semesters and the 3rd petitioner the 4th semester in the regular examinations held. However, the petitioners appeared for the 8th semester final regular examination as also the supplementary semester examinations they failed to clear earlier in May, 2013. The results of the final year 8th semester examinations came out in July, 2013 and the petitioners were admitted to the 3rd respondent -College. The petitioners were awaiting the results of the supplementary examinations, of the earlier semesters, in which they had appeared for failed subjects. Admittedly both the 8th semester regular final examinations and the supplemementary examinations were conducted together and publication of marks of the supplementary examinations got delayed and, hence, a Confidential Mark List was supplied by the University to the institution in which the petitioner joined. Evidently the petitioners qualified in the supplementary examinations too. The Provisional Certificate was issued only later, after the publication of results and on the petitioners' admission being sent to the Controller of Examinations for registration, the same was declined by Exhibit P11, which is assailed herein.