HITECH INSTITUTE OF I T Vs. BERHAMPUR UNIVERSITY

JUDGEMENT

(1.) In both the aforesaid writ petitions, challenge is essentially to the eligibility clause for admission to the 3-Year Degree Course in Bachelor of Information Technology (for short 'B.I.T.') contained in the Regulations of the Berhampur University. W. P. (C) No. 983 of 2002 is at the instance of the Hi-tech Institute of Information Technology (hereinafter referred to as 'the Institute'), whereas W. P. (C) No. 8016 of 2003 has been filed by some of the students, who have taken admission to the aforesaid B.I.T. course in the Institute. Since the facts and points of law involved in both the writ petitions are common, they were heard together with the consent of counsel for the parties and are disposed of by this Judgment.

(2.) The crux of the petitioners' case is that the eligibility criteria prescribed by the Berhampur University for admission to B.I.T, Course as contained in Clause 2 of its Regulations are discriminatory and arbitrary and as such, are liable to be quashed. The relevant portion of the said clause is quoted hereunder :

(3.) By an interim order dated 30-7-2002 passed in W. P. (C) No. 983 of 2002 this Court permitted the nine students (petitioners in W. P. (C) No. 8016 of 2003) to appear at the B.I.T. Part-I Examination, 2002 with a further direction not to publish their results until further orders. Pursuant to the said order, although those nine students were permitted to appear at the said examination, their results have not yet been published.