ADITYA GILKE Vs. DEVI AHILYA VISHWAVIDYALAYA

JUDGEMENT

(1.) The petitioner before this Court has filed the present petition under Article 226 of the Constitution of India, 1950, being aggrieved by order / notification dated 27.07.2019 (Annexure A) by which, Devi Ahilya Vishwavidyalaya (herein after referred to as the University) situated at Indore (MP) has cancelled Common Entrance Test (CET) held on 23.06.2019; and students are being admitted to various institutions under the control of the University on the basis of their percentage in the last qualifying examination.

(2.) Facts of the case, as stated in the writ petition, reveal that online applications were invited for admissions for the 204 Academic Programmes to be conducted in various Teaching Departments of respondent No.1 - University vide its advertisement dated 04.06.2019 (Annexure B). The petitioner, who is a candidate, on invitation of the University, applied on 21st May, 2019 for seat of 5 year BA, LL.B. (Hons) Academic Programme through CET to be held on 23.06.2019 vide Annexure C. Admit Card / Hall Ticket (Annexure D) was also issued to the petitioner for appearing in CET to be held on 23.06.2019. The petitioner appeared in the examination and was waiting for the result. However, the aforesaid examination itself has been cancelled by the University vide impugned notification dated 27.07.2019 (Annexure A).

(3.) The petitioner has raised various grounds to challenge the impugned order / notification; his contention is that the University has collected Examination Fee of Rs.1,500/- from each candidate for application towards admission in various academic programmes; and more than seventeen thousand students appeared in the examination, and therefore, question of cancellation of the examination does not arise. The petitioner also stated that after cancellation of CET, the University has invited fresh applications for admissions to various academic programmes on the basis of percentage of last qualifying examination and the candidates who applied for CET are from different streams and different educational back ground and different boards of education, and therefore, there cannot be any variation between the students coming from different Universities and Boards. It is also submitted that once the examination of CET has already taken place on 23.06.2019, its cancellation does not arise; and therefore, the University be directed to allot admissions to the candidates on the basis of the result of CET.