FEBA JOSE Vs. UNIVERSITY OF CALICUT,

JUDGEMENT

(1.) PETITIONERS in both the writ petitions obviously failed to qualify in the B.Tech course which they had completed in March -April 2013. In fact, both the petitioners had appeared for supplementary examinations in March -April 2013, but though the results were not published they wrote the entrance examination and got admission to M.Tech course. In such circumstance, their allotment was provisional, and could be regularized only on their qualifying in the B.Tech course. Since the results of the supplementary examinations were not published, in the case of the petitioner in W.P.(C) No. 4010/2014, he was issued with a notice by the Government College to which he was admitted; threatening removal from the rolls on failure to produce the mark lists. He approached this Court with W.P. (C) No. 26318/2014 contending that the result of the fourth supplementary examination was awaited and that he may be permitted to continue the course till the results are published.

(2.) EXT .P1 was issued only because there was an interim order and the petitioner was continuing in the course and there was absolutely no possibility of another person being admitted at that stage. Again the results were published and the petitioner failed. Petitioner was again before this Court in W.P. (C) No. 984/2014 wherein he submitted that he had applied for revaluation and till the results are published he may be allowed to continue in the course. That was also granted by this Court. In any event the petitioner had been continuing in the course and now W.P. (C) No. 4010/2014 has been filed, when permission was not granted to appear for the examination starting on today. However, the learned Standing Counsel for the University would submit on instructions that the petitioner has qualified on revaluation but after obtaining moderation.

(3.) IT has to be specifically noticed that both the writ petitioners at the time when they got allotment were not qualified in the B.Tech course which is the eligibility criteria and essential qualification for getting admission to the M.Tech course. Only on the ground of delay in publication of results the authorities permitted candidates to appear in the entrance examination and also proceeded with the allotment even before the results are published. It is also a matter of concern that here the two students, had not cleared the earlier semester examinations of the course which grants them eligibility to apply for post graduation and had applied for supplementary examination in the final year to clear the earlier semesters. Permitting admission of such candidates, it has to be noticed would result in the denial of admission to eligible candidates who would have qualified at the first instance itself in the B.Tech course. It is for the college authorities as also the authorities conducting the entrance examination and definitely the University to ensure that such instances are not repeated and proper guidelines are issued, so as to see to it that eligible candidates are not declined admissions. However, in the present case as was noticed above the clock cannot be put back and no fresh admission could be made at this stage. Only in such circumstance, this Court directs that the petitioners be allowed to participate in the examination commencing on today. Needless to say that since the petitioners have now qualified in the B.Tech course, their admissions to the M.Tech course could be regularized.