IPSHITA THAKUR Vs. NATIONAL INSTITUTE OF TECHNOLOGY

JUDGEMENT

(1.) By means of this writ petition tiled under Article 226 of the Constitution of India, the Petitioner has prayed that the action of the Respondents in rejecting the candidature of the Petitioner for admission to the M. Tech. (Energy Technology) course may be declared to be illegal and the Respondents be directed to admit the Petitioner in the said course.

(2.) The main contention of the Petitioner is that the Petitioner who is fully eligible for admission to the M. Tech course applied for admission to the M. Tech (Energy Technology) course being run in the Respondents National Institute of Technology, Hamirpur. Her candidature was never rejected and in fact she appeared for interview on 25th June, 2010. The allegation of the Petitioner is that in fact her name was recommended for admission but when she went to deposit the fees at that stage the fees Were not accepted and her candidature rejected on the ground that she is not eligible since she has not studied certain subjects.

(3.) Notice was issued and the Respondents in reply have stated that in fact the candidature of the Petitioner was not rejected on the grounds mentioned in the petition. According to the Respondents as per the admission procedure all the short-listed candidates were required to produce certain documents in original at the time of Counselling/interview on 25.6.2010. According to the Respondents since the Petitioner had not cleared her final examination and had only appeared in the 8th term examination she was required to produce a certiilcate in original issued by the Principal/Director of the Institute, where she was studying, in which it should have been stated that by June 30, 2010 the Petitioner would be appearing for her final examination in all subjects requisite for obtaining the Bachelor Degree. No such certificate was filed. Further, according to the Respondents, only 17 candidates appeared on the date of interview and though 25 posts were available only 10 candidates were found suitable for admission to the M. Tech. (Energy Technology) course. According to the Respondents in fact various seats are still lying vacant but the Selection Committee did not find the other candidates including the Petitioner fit for admission.