SOBHAN KUMAR BANERJEE Vs. VICE-CHANCELLOR, BPUT

JUDGEMENT

(1.) In this writ petition, the petitioner has challenged the action of the opposite parties in not correcting the registration number, changing the branch from Civil Engineering to Mechanical Engineering of B. Tech course and for correction of his name from "Sobhan" in place of "Sibhan".

(2.) The brief fact of the case as narrated in the writ petition is that the petitioner appeared the Orissa Joint Entrance Examination, 2011 and obtained Rank No. 24692. Accordingly, he opted to take admission in Mechanical Engineering Branch of B. Tech Course in Nalanda Institute of Technology (NIT), Bhubaneswar and locked his 1st choice and Ajaya Binaya Institute of Technology (ABIT), Cuttack in Mechanical Engineering Branch as his 5th choice. The petitioner at the spot counselling changed his institution from NIT, Bhubaneswar to ABIT, Cuttack and he has also deposited Rs. 10,000/- and Rs. 29,500/- towards 1st semester B.Tech Course of Mechanical Engineering on 24.8.2011 and 24.11.2011 respectively and continued his study at ABIT, Cuttack. The College also issued Library Card to the petitioner reflecting his Branch Course as Mechanical Engineering. While the matter stood thus, before commencement of the 1st semester examination, registration number was issued in favour of the petitioner and he has been registered as a student of Civil Engineering Branch vide Registration No. 1101206209 instead of Mechanical Engineering Branch and his name was erroneously reflected as "Sibhan" in place of "Sobhan". The petitioner raised his objection before the College Authorities, who assured him for necessary correction of the bona fide mistake and he was allowed to appear 1st semester examination. The petitioner, time and again, approached the College Authorities after the 1st semester examination was over for necessary correction. But College as well as the University Authorities did not take any action thereon. Therefore, finding no other way, the petitioner, on advice of the Principal of the College, on 7.7.2012 has moved an application to the University for correction of his registration number, branch course as well as his name from "Sibhan" to "Sobhan". It is further averred that while the aforesaid application of the petitioner was pending, 2nd semester examination commenced from 20th July, 2012. This time also the petitioner again approached the Principal of the College. However, the Principal expressed his inability to make necessary correction and asked him to approach the University. Due to sudden strike during the said period, the petitioner could not contact the competent authority of the University and, accordingly, filed the present writ petition for reduressal of his grievance.

(3.) From the counter affidavit filed by the Registrar, Biju Patnaik University of Technology (BPUT)-opposite party No. 2, it appears that the students were allotted subject and institution after final round of counselling and the students holding OJEE rank were allowed to lock their choice of institution and branch. The OJEE authority forwarded a list of students which includes the name of the petitioner under the 10% vacancy seats of ABIT, Cuttack. The petitioner's name was appeared at SI. No. 1 of the said list showing his name against Civil Engineering Branch. The College Authority also forwarded the list of students admitted by them showing the name of petitioner at SI. No. 1 of the said list along with the branch as Civil Engineering. After receipt of the name of the students by the University, it proceeded with allotment of registration number to each of the students enrolled under the University indicating their names, registration numbers and name of the respective Colleges. According to the list furnished by the College, the petitioner was allotted registration number by the University and the same was issued to him. Clause 2.5 of the Academic Regulation of the University prescribes the regulation for change of Branch by any student of the University, but change of branch in the midst of the academic session is not permissible.