HETALKUMAR B SHAH Vs. MAHARAJA SAYAJIRAO UNIVERSITY

JUDGEMENT

(1.) At the request of the learned Counsel for the parties at the notice stage the matter is finally heard.

(2.) The question involved in this petition is whether this Court would have jurisdiction under Article 226 of the Constitution to give direction to the autonomous institution to relax the condition and give admission to IIMs Post-Graduate Programme in Management by relaxing the eligibility condition because it acts harshly on the petitioner.

(3.) The petitioner is presently pursuing the course in B. E. (Electronics) at the M. S. University of Baroda. He has completed all Semesters successfully except the final year of B.E. The Indian Institute of Management conducted a Common Admission Test in December 1991 for grant of admission to the Post-Graduate Programme beginning from July 1992. The eligibility criteria laid down for the said test prescribes that a candidate must have a Bachelors degree (or equivalent) in any discipline recognised by the Association of Indian Universities. It also carves out an exception for those candidates who are to appear for the final examination for the Bachelors degree. It provides that such candidates if selected will be admitted provided they complete all requirements for obtaining the degree before 30/06/1992. The Common Admission Test was conducted on 8/12/1991 for grant of admission to 1992 onwards programme. 24594 students appeared at the test. For admission to IIM Ahmedabad 12994 students applied. To 218 students provisional admission was offered. 10 did not accept it. 9 students out of 10 are appearing in their final examination.