SUSHANT JHA Vs. DIRECTOR PROFESSIONAL EXAMINATION BOARD

JUDGEMENT

(1.) THE petitioner seeks relief in the writ petition of admission in the engineering college wherever the seat is vacant.

(2.) THE petitioner cleared the Pre-Engineering Test conducted by the Professional Examination Board of Madhya Pradesh, Bhopal in the year 2001. The minimum qualification required for appearing the examination is that the candidate must have passed 12th Class under 10 + 2 system of examination. The petitioner appeared in 12th Class examination in the year 2001. The petitioner submits that he cleared the test and was sent call letter for counselling, but, in spite of clearing the examination of 12th in supplementary before the date fixed for counselling. The petitioner was not given admission, thus, the action of the respondents in depriving the petitioner admission in engineering college is illegal and arbitrary.

(3.) THE respondent No. 2 in the reply contends that the petitioner was not eligible as he could not clear class 12th examination in the main examination. He was awarded supplementary. As per Clause 4. 4. 1. 1 of the Conduct of Examination and Admission Rules framed by the Professional Examination Board for the State of Madhya Pradesh and Chhattisgarh joint examination, it was clearly provided that the student who appears in qualifying examination in the year 2001, and is unable to clear it in the main examination and is awarded supplementary, shall not be entitled/eligible for admission.