MD ABID KHAN Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) CONSIDERING the urgency involved in this mandamus appeal, we have taken up this appeal for hearing in presence of the learned counsel of the parties by treating it as on the day's list.

(2.) ADMITTEDLY , the appellant did not appear and/or qualify either in the West Bengal Joint Entrance Examination or in the All India Engineering Entrance Examination. The practice of admitting such student on the basis of his results in the Higher Secondary Examination in the seats which remain vacant after the candidates selected in those competitive examinations are all admitted, was discontinued since 2014 by virtue of the notification being no. 268/Edn(T)/4E - 10/12 dated 18th June, 2014. But still then the appellant was allowed admission in an engineering college, namely, Dr. Sudhir Chandra Sur Degree Engineering College on the basis of his result of the Senior Secondary Examination (10+2). After taking admission in the engineering course he applied for getting himself registered with the West Bengal University of Technology. The West Bengal University of Technology refused to register him as a student in the said University as his admission was illegal being not in conformity with the notification dated 18th June, 2014. The appellant was, thus, not permitted to appear in the first semester examination. Admit Card was also not issued to him by the University concerned.

(3.) IT is only when the first semester examination commenced, the appellant approached the Writ Court by challenging the legality and validity of the notification being no. 268/Edn(T)/4E -10/12 dated 18th June, 2014. He prayed for an interim order for permitting him to appear in the first semester examination. The learned Trial Judge after considering the legality of his admission in the said college refused to permit the appellant to appear in the first semester examination. The learned Trial Judge also held that the writ petition deserves no merit for consideration. Accordingly, the writ petition was also rejected giving rise to this mandamus appeal at the instance of the writ petitioner. As on today, practical examination is over and the examination of two theory papers in the first semester examination has also been completed. We are considering this appeal in this background.