AMRITA MISHRA Vs. CHAIRMAN O J E E

JUDGEMENT

(1.) The petitioner in this writ petition has sought for issuance of a writ of mandamus directing the opposite parties 1 and 2 to give admission to the petitioner in MBA discipline in Samanta Chandrasekhar Autonomous College, Puri. The petitioner cleared |he MAT Examination. Accordingly, she was registered under the JEE, 2010, as at Annexure-3. Consequently, she deposited the requisite fees. As per the Information Brochure of OJEE, 2010, fifteen per cent of the seats in MBA Course are reserved for candidates, who have cleared CAT, XAT & MAT i.e. 5% each in the order of preference. It was nowhere stipulated that the said quota of 15% is only available in private colleges. The petitioner has alleged that when the Counselling was completed and documents were verified, the opposite party No. 1 com-pelled the petitioner to take admission in a private college, which was not acceptable to the petitioner. During pendency of the writ petition, a second Joint Entrance Examina-tion was conducted in which, the petitioner secured the merit position of 445.

(2.) By an interim order dated 29-10-2010, this Court directed that if seats are vacant in MBA Course in S.C.S. College, Puri, one such seats shall not be filled up without leave of this Court.

(3.) A counter affidavit has been filed by opposite party No. 1 stating that it has al-ways been a practice, as a matter of policy of the Government that the 15% seats in MBA Course to be filled up by the candi-dates, who have cleared CAT, XAT & MAT relate to private colleges only and not Gov-ernment colleges. It has been further averred in the counter affidavit that in the second JEE as per the decision of the Policy Planning Body (in short "the PPB") only seats in re-spect of private colleges were to be filled up by the successful candidates.