G ARUN SHANKAR Vs. PONDICHERRY UNIVERSITY

JUDGEMENT

(1.) This writ petition has been filed to quash the order of cancellation made by the third respondent dated 11.5.2001 and for a direction to permit the petitioners to complete their B.Tech course.

(2.) Petitioners were admitted to the I year B.Tech Course during the academic year 2000-2001 in the fourth respondent college, which is affiliated to the Pondicherry University, the respondent No.1. As per the prospectus, a candidate seeking admission to I Year B.Tech Course should have passed the qualifying HSC examination with a minimum of 50% marks in aggregate in the subjects mentioned in the prospectus. The prospectus further stipulates that the candidate should have passed the qualifying examination in maximum of two attempts (three attempts for SC/ST). Petitioners after their admission have appeared for the I year Semester Examinations. However, subsequently they were informed by the fourth respondent college that their admission had been cancelled by the University on the ground that they had passed HSC examination in more than two attempts and were not eligible to be admitted as per the conditions prescribed in the prospectus.

(3.) Learned senior counsel appearing for the petitioners has submitted that cancellation of admission has been effected without affording any opportunity of being heard or even making any representation which is against the principles of natural justice and to be quashed. He has further submitted that the petitioners have passed HSC examination in two attempts, but they have subsequently appeared for improvement examination and therefore, it cannot be said that they had not passed HSC examination within two attempts.