SAHAD HUSSAIN MAZUMDER Vs. COTTON UNIVERSITY

JUDGEMENT

(1.) Heard Mr. S. Banik, learned counsel for the writ appellant/writ petitioner. Also heard Mr. P.D. Nair, learned counsel for the respondent nos.1 to 4 and Mr. K. Gogoi, counsel for the respondent no.4.

(2.) The writ appellant/writ petitioner before this Court is aggrieved of the order dated 19.11.2020 passed in Writ Petition No.3588/2020, whereby this writ petition has been dismissed by the learned Single Judge.

(3.) The writ appellant/writ petitioner had a limited grievance for which he approached this Court, by filing a writ petition. The writ appellant/writ petitioner was an applicant for the undergraduate course which is called "B.A. Honours in Persian". The advertisement dated 23.07.2020 published by the Cotton University (from hereinafter referred to as "the University"), undoubtedly states that there will be ten seats available for this undergraduate course in Persian, and it further states that the University will not hold the course in case there are less than 50% students for the said course. In other words, had there been less than five students, the University was not to hold that course. The writ appellant/writ petitioner applied for the said course by logging into the University website on 31.07.2020 and successfully completed the first phase of the admission process. However, when the writ appellant/writ petitioner tried to login the link of the University website again 02.09.2020, for further completion of his admission process, then after giving access to the writ appellant/writ petitioner for uploading his details in the website, the site was suddenly closed down and the access was denied. Thereafter, on 04.09.2020, the writ appellant/writ petitioner submitted a representation through email to the respondent University stating that he was unable to login the website of the University and had to face difficulty for completing the admission process. The University replied that there was a stipulation in the advertisement itself that the University authorities will not admit any student in any of the given subject if the total of the admitted students did not meet the requirement of 50% of the seats for the subject concerned. Since the writ appellant/writ petitioner is the sole candidate for the undergraduate Persian Course, he will not be granted admission. Aggrieved by the said order, the writ appellant/writ petitioner filed this writ petition before this Court.