KUMARI NEETU Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner has prayed for a writ in the nature of mandamus directing respondent No.4 to accept her admission fee and admit her to the Course of B.E./B.Tech in accordance with the State ranking No.40 secured by her.

(2.) IN brief, it is submitted by the petitioner that respondent No.2. circulated the Prospectus for admission to B.E./B.Tech in NIT. The petitioner appeared in the Session 2013 held by respondent No.4 and obtained State Merit claiming Rank No.40 in B.E./B.Tech in Scheduled Tribe Category. She filled up her choice for Electrical Branch. Respondent No.2. issued provisional seat allotment letter to the petitioner on 10.7.2013 and gave her a direction to report to any Reporting Centre between 11.7.2013 to 14.7.2013. The petitioner reported respondent No.3 on 12.7.2013 till 14.7.2013 but respondent No.3. denied admission to her being at the rank of 40 and her admission fee was not accepted, whereas the candidate lower in merit than the petitioner has been given admission.

(3.) LEARNED counsel for the respondents has further submitted that even if the petitioner has allegedly passed the compartment examination before 30.9.2013, she could not have been considered for admission because she was required to have 50% marks in total including all the subjects. It is submitted that while calculating marks of the petitioner obtained in Mathematics in which she had failed, she had secured 46.6% marks which were less than the cut of marks of 50%. Therefore, her candidature as a 'compartment examinee' could not have been considered.