VIKAS JAIN Vs. BANARAS HINDU UNIVERSITY VARANASI

JUDGEMENT

(1.) Petitioner by means of this petition under Article 226 of the Constitution of India, prays for Issuance of a writ, order or direction in the nature of mandamus commanding the respondents to admit the petitioner in B.Com. (Honrs.) Part I, 1997-98 session and to permit him to pursue his studies in the aforesaid course in Banaras Hindu University.

(2.) The facts of the case, as set out in the writ petition, are that it was in the year 1996-97 that the petitioner appeared in the entrance examination for admission in the aforesaid course ; but was not allowed to complete the said examination by the invigilator Inspite of protest. In the year 1997-98, applications were again invited for appearing in the entrance examination by the University. The petitioner again applied for permission to appear in the said examination after fulfilling all the formalities for the same. He was issued a provisional admit card and was allotted Roll No. 42853 by the University. The application form of the petitioner was accepted and thereafter he was permitted to appear in the said examination held on 10.6.1997. Result of the said examination was declared and petitioner was also declared to have qualified in the said examination for admission in the aforesaid course. Intimation of which was also sent to the petitioner by registered post. Petitioner was, thereafter, invited to attend the office between 1st August and 2nd August, 1997 for seeking admission. Petitioner on receipt of the said intimation produced all the certificates and credentials, which were required. The certificates produced by the petitioner were accepted. However, he was given a memo indicating that he was required to produce character certificate by 20.8.1997. In the said memo, it was also indicated that petitioner's case will be considered after seeking clearance from the office of the Controller of Examination. Petitioner obtained character certificate from the Institution last attended and also submitted the same to the University. Thereafter, no intimation regarding grant of permission was given to the petitioner. He was, however, orally told that he cannot be admitted on the ground that he was not allowed to appear in the examination for the year 1996-97. Inspite of his requests and representations, admission in the said course was not given to the petitioner, therefore, he approached this Court and filed the present petition.

(3.) A counter-affidavit has been filed on behalf of the respondents. It is stated that in the previous years examination, petitioner was found talking with another student bearing Roll No. 42092. He was. therefore, debarred from reappearing in future examination. The order of debarment is also stated to have been approved by the Vice-Chancellor on 26.6.1996. It has been stated that for the above reason, petitioner was not entitled to be admitted in the aforesaid course and present petition is liable to be dismissed.