J MANEKSHA BABU Vs. MANONMANIAM SUNDARANAR UNIVERSITY

JUDGEMENT

(1.) The petitioner prays for the issue of a writ of certiorarified mandamus to call for the proceedings of the second respondent in No.MSU/E&R/2001-2002 dated 30.1.2002 and No.MSU/E&R/2002 dated 6.5.2002 quash the same and consequently permit the petitioner herein to continue with his M.Sc., (Computer Techonology/P.G.Degree course) without any interruption in the first respondent University and for other consequential remedies.

(2.) On 13.6.2002, the writ petition was admitted and rule nisi was ordered. The respondents have been served. The respondents have entered appearance and filed their counter. With the consent of counsel on either side the writ petition itself is taken up for final disposal.

(3.) The petitioner who has acquired BCA Degree (Bachelor of Computer Applications) applied to the third respondent college for admission to M.Sc Computer Technology course (Post Graduate Course) for which course of study third respondent college has been affiliated to the first respondent University. It is aleged that The order of affiliation does not contain any prescription with respect to minimum eligibility criteria for admission to M.Sc computer technology course is concerned. There is no stipulation as to the minimum eligibility for admission to M.Sc.Computer Technology course. The petitioner claims that he had studied all the relevant subjects in B.C.A and therefore he is eligible to be admitted to M.Sc.computer Technology course. The third respondent college entertained the application submitted for admission to M.S.C., computer Technology course for the year 2001-2002 and the petitioner was admitted to the first year course. The petitioner also appeared in the first semester examinations for the M.Sc Computer Technology. The petitioner also states that he has completed one year and he has to appear for the second semester examination for the first year computer technology. The second respondent by the impugned communication dated 6.5.2002 addressed the third respondent college intimating that the petitioner is not eligible to be admitted for M.Sc Computer Technology course as he is not possessed of the eligibility qualification for the admission. The petitioner refers to syllabus for the B.C.A tries to justify that he possess the equivalent qualification and that it should be construed that he possess the qualification prescribed for admission to M.Sc.Computer Technology course. It is the claim of the petitioner that he is eligible for admission to M.Sc computer technology. The petitioner also claims that in Periyar University the minimum eligibility for admission has been prescribed as Bachelor of Computer Application as one of the qualification and therefore there is no reason either for the first respondent university to fix or stipulate a different eligibility. The respondents are estopped from going back and abruptly interfere with the studies of the petitioner. The petitioner is sought to be disqualified on trivial and non est grounds or reasons. Being aggrieved by the impugned order, the present writ petition has been filed to quash the impugned order and for consequential directions to enable the petitioner to continue his M.Sc computer technology course under the first respondent university in the third respondent college.