AJEET KUMAR TRIPATHI Vs. STATE OF HARYANA

JUDGEMENT

(1.) By virtue of the present writ petition filed by Ajeet Kumar Tripathi and another, they seek quashing of the orders passed by the Controller of Examination, Guru Jambheshwar University, Hisar, (respondent No. 3), the Principal, Institute of Management and Technology (respondent No. 4) whereby they had withheld the roll Nos. of the petitioners.

(2.) The relevant facts are that the Institute of Management and Technology, Ballabgarh, is approved by All India Council for Technical Education, Ministry of Human Resources. It is affiliated to Guru Jambheshwar University, Hisar. It gave advertisement for conducting All India Entrance Test for 2 years Full Time M.B.A. course. In all, there were 60 seats. 26, seats were for general category. The eligibility criteria were for admission to M.B.A. entrance examination was as under :-

(3.) Petitioner No. 1 had passed his B.Sc. in the year 1991 from Kanpur University. Admittedly, he did not have 50% marks but thereafter he took admission in Post Graduate Diploma in Computer Application at Kanpur University in the year 1993-94 and passed the same by securing 72.4% marks. The position of petitioner No. 2 was almost identical. He graduated from Maharishi Dayanand University, Rohtak. He did not secure 50% marks but thereafter took admission in B.Ed. and passed the same from Maharishi Dayanand University by securing 54.5% marks. Both the petitioners applied for admission in B.M.A. course and subsequently appeared in the Entrance Test on 10.9.1995. The names of both the petitioners were in the list of qualified candidates. They were selected and joined the institute in 1995. After studying for one year, petitioner No.1 even had undergone practical training of eight weeks. Petitioner No. 1 joined third semester in September, 1996 and filled the examination form of third semester. At that time the petitioners were informed that their Roll Nos. have been withheld. They have not been approved for registration because it is contended that they did not secure 50% marks in graduation. The petitioners claimed that they have been studying in the institute and had not suppressed any fact. They had applied and took the Entrance Test for M.B.A. course because they had scored more than 50% marks in Post Graduate Diploma and B.Ed. respectively and thus the action of the respondents is illegal.