(1.) THE merit has been converted into demerit. This is the basis of the plea put across by the appellant in the present appeal preferred under Clause 12 of Letters Patent. He submits that notwithstanding the fact that his merit was higher than the other candidate belonging to the same category, he has been denied the discipline of his choice. He submits that notwithstanding the fact that the process was initiated more than a year ago he can still be granted the relief. According to the appellant, in the first academic year the Course of Study is common in all the disciplines. The change takes place in the second academic year.
(2.) SO far as this factual position is concerned both sides are agreed. The dispute is regarding the main issue. This be noticed as under: -
(3.) THE appellant applied for the Course of Bachelor of Engineering in Computer. This was his first preference. His second preference was Electronics and Communication Branch. The preference which was last of all was in Mechanical Engineering. This aspect of the matter has been adverted to in para 4 of the writ petition. The appellant submits that he had applied under Scheduled Caste category He had secured 109 marks and came in the open merit category at SI. No. 322. It is submitted that one Namrata Karlupia respondent No. 7 secured 99 marks. He was also selected in the open category but was considered for admission under Scheduled Caste category to which he belonged and was given the discipline of his choice. It is thus submitted that the appellant having applied under Scheduled Caste category and having secured 109 marks should have been considered for admission to a discipline of his choice i.e. which was his first preference under the above said category. It is accordingly submitted that by considering his case in the open merit category, he has been deprived of the benefit which has been given to others.