SUMIT KUMAR Vs. UNIVERSITY OF CALCUTTA

JUDGEMENT

(1.) 1. The petitioner is a resident of Bihar. He passed the All India Secondary School Examination held by the Central Board of Secondary Education in 1999. He, thereafter, prosecuted his studies through the system of distance education under the Directorate of Distance Education (ICC), Patna and passed the Intermediate Examination in Commerce in 2001 in the 1st Division. The Bihar Intermediate Education Council, Patna, granted provisional pass certificate in favour of the writ petitioner. After obtaining the qualification of Intermediate in Commerce through the system of distance education in Bihar, the petitioner came to Calcutta to prosecute further higher studies in Commerce under the Calcutta University. Upon his application the City College of Commerce and Business Administration, Surya Sen Street, Calcutta, (hereinafter referred to as the City College) admitted the petitioner on August 14, 2000 in Bachelor cf Commerce Course (in short B. Com). As the petitioner was a student from another State his admission was required to be approved and sanctioned by the University of Calcutta. The petitioner continued his study, and was duly promoted to the second year of the course in the aforesaid City College. The College authorities never informed the writ petitioner that he was not eligible to be admitted into the B. Com. course under the University of Calcutta.

(2.) It appears that by a letter dated December 20, 2002 the Principal of the College forwarded the petitioner's application for sanction/approval of his admission and registration .on migration. By a letter dated January 21, 2003 the University intimated the Principal of the City College that the petitioner was not eligible to be admitted into any Degree Course under the Calcutta University.

(3.) Against the said decision of the Calcutta University the petitioner has moved this Court with the present application under Article 226 of the Constitution of India.