JUSTIN D ANUJA Vs. DIRECTOR

JUDGEMENT

(1.) The prime prayer in this writ petition is to quash the decision of the Cochin University of Science and Technology (hereinafter referred to as 'the University') to entrust the conduct of the entrance test for admission to Master of Business Administration course (M.B.A.) to M/s. All India Management Association (for short A.I.M.A.). The entrance test was conducted by A.I.M.A. on 11-9-1994. One thousand seven hundred candidates appeared for the test and the writ petitioner is one among them. The conundrum before this court is whether the entire test process crystallised in a 'Floppy Diskette' which was received by the School of Management Studies on 27-9-1994, can allow to be invalidated by striking down the decision of the University. What remains to be done in the selection process is to ascertain the respective score of the candidates by deciphering the 'Floppy Diskette' in a computer.

(2.) The first and foremost point advanced by the petitioner is that the action of the University entrusting the conduct of the entrance test to A.I.M. A. is arbitrary and unauthorised. It was even attacked on the ground of malafide. It was pointed out that A.I.M. A. is an external agency, a private association and conduct of entrance test ought not have been entrusted with it.

(3.) The case of respondents 1 to 3 is that the Cochin University is a full-fledged University of Science and Technology for the promotion of graduate and postgraduate studies and advanced research in applied science, technology, industry, commerce, management and social science. This University came into existence on the promulgation of the Cochin University of Science and Technology Act, 1986 (hereinafter referred to as 'the Act'). S.2 of the Act, inter alia, reveals that the University has been set up with an object of promoting higher education and research particularly in science, technology and management.