BIBEKANANDA MISHRA Vs. PRINCIPAL UNIVERSITY COLLEGE OF ENGINEERING

JUDGEMENT

(1.) This is an application under Article 226 of the Constitution for a writ of mandamus to direct the Principal of the University College of Engineering at Burla to admit the petitioner as a student in the First Year Degree Course of the College.

(2.) Petitioner passed the Pre-University Science Examination from the University of Agriculture & Technology, Bhubaneswar, in June, 1974 and also passed the Pre-Professional Science Examination from the said University in June, 1975. He applied for being admitted into the first year class of the University College of Engineering, Burla, affiliated to the Sambalpur University during the 1975-76 session. The opposite party No. 1 had published a printed prospectus inviting applications for admission for the said course. Petitioner claims that he satisfied all the conditions indicated their-in regarding eligibility. He was, however, not admitted. It is alleged that the Principal without any rhyme or reason and acting in a whimsical manner did not give full credit to the results of the examinations passed by the petitioner and scaled down the marks. Though admission is on the basis of merit, petitioner's merit having been undervalued, he was not allowed admission. Thus he has been unjustly treated.

(3.) In the counter affidavit given by the Principal himself, the justification for the basis adopted by him in evaluating the marks obtained by petitioner has been given and it is claimed that petitioner's grievance is without basis.