RASMITA GAMANG Vs. BERHAMPUR UNIVERSITY AND ORS.

JUDGEMENT

(1.) The petitioner, who is a Scheduled Tribe woman candidate has filed this application assailing the communication vide Annexure-6 dated 27.09.2001, made by the Head of the Department of Business Administration, Berhampur University for not admitting her into MBA Course for the academic Session 2001-2002 & returning her original documents along with Bank Drafts though she was selected and placed in Sl. No.1 on the merit list of the S.T. category and Sl. No.57 out of 84 of merit list without assigning any reasons.

(2.) The short fact of the case in hand is that the petitioner passed B.Sc. with Second Class Honours with Distinction. Berhampur University issued an advertisement inviting application from eligible candidates for admission into MBA Course (MBA-CAT-2001) for the session 2001-2002. In response to the same, the petitioner having got requisite qualification applied for the said course and after due scrutiny she was allotted Index No.439 by opposite party no.3 on 14.07.2001. The Department of MBA, Berhampur University issued Admit Card vide letter No.316 dated 31.07.2001 with Admission Test Roll No.390 to be held at the P.G. Department, Berhampur University on 16.08.2001 at 10.30 A.M. Pursuant to which the petitioner appeared in the said test and was selected for admission to MBA course for the session 2001-2002 having stood first amongst S.T. candidates. Accordingly, she was intimated vide letter No.379 dated 10.09.2001 to send a Draft of Rs.1286/- drawn on the S.B.I. towards admission fees and sessional charges and documents mentioned in Sl.No.1 to 11 and declaration etc. so as to reach opposite party no.3 on or before 25.09.2001. Accordingly, the petitioner sent all the documents as per the list and a Bank draft of Rs.1,286/- issued by S.B.I., Gunupur dated 20.09.2001 by Registered Post which was received by the authority within the time fixed. Opposite party no.3 again issued another Registered letter bearing No.402/MBA/BU/2001 dated 22.09.2001 to the petitioner indicating that she has submitted only one Bank Draft of Rs.1,286/- and she has to send two more Bank Drafts amounting to Rs.6,000/- and Rs.1,600/- in favour of H.O.D., MBA to be drawn at S.B.I. Bhanja Bihar (Code 2107) so as to reach on or before 25.09.2001 otherwise her candidature will be rejected which she received on 24.09.2001 at Gunupur. After receipt of the said letter, immediately she prepared two Bank Drafts amounting to Rs.6,000/- and Rs.1,600/- each from S.B.I. Gunupur and sent the same on the same day in favour of the H.O.D., MBA to be drawn at S.B.I. Bhanja Bihar (Code No.2107) by Dolphin Courier Service from Gunupur so as to reach opposite party no.3 by 25.09.2015. But, she was intimated by opposite party no.3 that she has not been admitted to the said course for the academic session 2001-2002 and the original documents along with Bank drafts were returned on 27.09.2001 vide Annexure-6. On receipt of the said letter immediately the petitioner and her father met Vice Chancellor of Berhampur University and brought it to his notice that though she stood first in the merit list of S.T. category and fulfilled all the requirement as intimated to her, opposite party no.3 returned her all original documents by Registered post with A.D. On consideration of her grievance, the Vice Chancellor assured her that he will look into the matter and directed her to come afterwards. Though the petitioner met Vice Chancellor and Head of the Department on 12.10.2001, she was intimated that seats have been filled up and as such they had no power to extend the seats. Consequentially, she has been denied to prosecute her study in MBA course during the session 2001-2002 even if she stood first in the merit list amongst the S.T. candidates. Hence this application.

(3.) Mr. C.A. Rao, learned Senior Counsel appearing for the petitioner fairly submits that the petitioner filed this writ petition seeking for issuance of a writ of mandamus or certiorari or any other writ to quash Annexure-6 dated 27.09.2001 and directing the opposite parties to admit her in MBA Course for the session 2001-2002 as per selection of the merit list, if necessary by extending a seat for her and/or "any other order/direction as may be deemed fit and proper". He further submits that during pendency of this writ petition since the academic session 2001-2002 for the aforesaid Course has already been over and though the writ petition has effectually infructuous which is being heard in the year 2015 after lapse of fifteen years in the meantime, the petitioner claims that "any other order/direction" be extended to her and essentially she claims that for latches of the authority since the petitioner who is as a S.T. has lost his career by being deprived of her higher study, she should be granted relief within the meaning of "any other order/direction as deemed fit and proper" by this Court. In order to substantiate his case, Mr. C.A. Rao, learned Senior Counsel appearing for the petitioner has relied upon the case of A Registered Society and other v. Union of India and others, 1999 AIR(SC) 2979 claiming damages for the loss sustained by the petitioner due to arbitrary and oppressive action taken by the authority.