TAIYAB ZIA AHMAD Vs. VICE

JUDGEMENT

(1.) Alignh Muslim University, Alirarh [hereinafter referred to as the University] Published a notice for admission of 60 candidates in Master of Business Administration course [hereinafter referred to as the M.B.A.]. Petitioner applied in pursuance of the above notice and appeared at the entrance examination held in the month of July, 1993. University prepared a select list dated 7th Aug., 1993 of 58 candidates containing the names of those students who selected on merit and others who were nominated by the Vice-Chancellor. Alongwith the above list another list called chance list was also published on the same date (7th Aug., 1993) containing the names of 15 candidates. At the bottom of this chance list it was noted as follows :

(2.) Petitioners name was at Serial No. 2 of this chance list. Two candidates, namely, S.M. Haider Hasan and Naaz Parveen. whose names were in the select list dropped out and did not Join, the course consequent to which there came into existence two vacancies in the select list. Shri Anwar Jamal Khan whose name in at Serial No 1 of the chance memo was given admission but the petitioner whose name was at Serial No. 2 of the same list was not granted admission. Instead three persons whose names were not included in any of the lists were admitted in the above coarse. Petitioner made representation before the Respondent No. 1 for admission on the basis of the chance list according to which if there is any vacancy in the select list candidates whose names find place in the chance list are to be offered admission in the order of merit given therein. No action having been taken on the representation of the petitioner, he has filed this writ petition for writ of mandamus directing the respondents to give him admission In M.B.A. course for the session 1993-94.

(3.) University has filed a counter-affidavit and the petitioner has filed rejoinder affidavit in reply thereto. I have heard learned counsel for the parties.