VISHWENDRA PRATAP SINGH Vs. GAUTAM BUDH TECHNICAL UNIVERSITY

JUDGEMENT

(1.) This intra-court appeal is preferred against the order of the learned Single Judge dated 23.11.2011 dismissing the petitioner-appellant's Writ Petition No. 67196 of 2011, cancelling his admission in B.Tech. Part 1 for the session 2011-2012. It appears that the petitioner-appellant was given admission after counseling, though he was not eligible at the relevant time to appear in the admission test, for the reason that, he was not having the required minimum marks of 50% at Intermediate level in Physics, Chemistry and Maths, as had been fixed by the All India Council for Technical Education (AICTE, in short) and the State Government.

(2.) However, before the admission could be finalized, a corrigendum was also published by the University requiring the minimum qualifying marks at the Intermediate level as 50%, therefore, only those who were having 50% marks at Intermediate level could be able to appear for the admission test and secure admission. The counsel for the appellant submitted that the AICTE, subsequently since reduced the requirement of 50% minimum marks at Intermediate level to 45% marks, therefore, the appellant, since had secured 49% marks, ought to have been allowed to continue the course in question.

(3.) On the other hand, learned counsel for respondents submitted that the considerable number of classes have already been held, and further, the examination of the first semester has also commenced from 1st December, 2011, therefore at this stage, no relief can be granted to the appellant.