NIMITA R CHOWDHARY Vs. UNIVERSITY OF JODBPUR

JUDGEMENT

(1.) - The petitioners, by this writ petition, have prayed that the respondent University may be directed to accept the fees for pursuing the studies of M. B. A. Course and allow the petitioners to avail the admission granted to them by making necessary arrangements for imparting instructions to them for grant of a Post-graduate degree of M. B. A. It is further prayed that orders be issued to the respondent University to produce the orders whereby the selections have been cancelled and declare such orders to be invalid and may be quashed.

(2.) THE applications were invited for admission to the prestigious course ' known as Master of Business Administration (for short M. B. A) in July 1990. THE petitioners applied for the same. A written test was held on 24/9/1990. THEreafter, the candidates were called for Group Discussion and interviews were held on 25th and 26. 09. 1990. THEreafter on 26/9/1990 the petitioners were selected and they were provision-ally admitted to the said course and it was stipulated that in order to pursue this course of study you have to with draw your admission from other courses of study in this University or other educational and training institutions. It was also stated that in case you are in service/employment you will produce a certificate categorically stating that you have been relieved from your duties and granted leave of absence for two years or till you complete this course of study which ever is later. In pursuance of this some of the petitioners, namely Nimit R. Chowdhary and Mahipal Singh who were in employment tendered their resignation. It was also stated that the petitioner Nimit R. Chowdhary, was also called for interview at Vishakhaparam Steel Plant for the purpose of employment in the said Institute. THErefore, on account of his selection to the M. B. A. he did not avail this opportunity. Likewise, the petitioner Miss Gunjan Sharma, who was admitted to MCA. gave up this admission. THE petitioner Shyam Lal also resigned from the service held by him. It is alleged in the writ petition that some complaints were received including from the President of the Jodhpur University Students Union regarding irregularities committed in the selection. THErefore, Shri U. S. Bhargava a retired District & Sessions Judge was appointed as Enquiry Officer to enquiry into the matter. It is alleged that father of one Miss Aysha, Shri Umar Daraj, and some more persons made applications that they may be heard or that they may be afforded an opportunity, but the same was not given to them. It is alleged that the Enquiry Officer after making enquiries submitted his report. THE petitioners and some of their parents met the Registrar on 8. 12. 1990 and the Registrar told them some irregularities have been com-mitted and on account of that the selections are not going to be given effect to and fresh selections will be held on and from 30. 12. 1990. It is alleged that the Enquiry Officer's report was not sent to the Syndicate and a decision has been taken by the Vice Chancellor on his own without refering the matter to the Syndicate. In these circumstances, the present writ petition has been filed.

(3.) I have considered the rival submissions made by the learned counsel.