PRINCE OLIVER HORO Vs. INDIAN SCHOOL OF MINES

JUDGEMENT

(1.) AGGRIEVED by notice dated 02.12.2014 whereby, the name of the petitioner has been deleted from the Institution Roll, the petitioner has approached this Court seeking a direction upon the respondents to accept the Migration Certificate of the petitioner and to restore his name in the Institution Roll.

(2.) THE brief facts of the case are that, the petitioner completed Diploma in Technology (Manufacturing Engineering) in the year, 2008 from Birla Institute of Technology (MESRA), Ranchi. The petitioner thereafter successfully completed B. Tech course in Mechanical Engineering from KIIT University, Bhubaneswar in the year, 2013. The petitioner secured 278th rank in GATE Examination2014 and he has taken admission in two years' M. Tech Programme of ISM. It is stated that, a list of those students was issued who were required to submit certificate by 31.10.2014. The petitioner obtained Migration Certificate from KIIT University on 25.11.2014, which was not accepted by the respondentauthority and therefore, the petitioner submitted an application to the Course Coordinator on 28.11.2014. The petitioner again submitted an application with affidavit dated 09.12.2014 stating that he completed B. Tech course in the Session 201213 and thereafter, he did not take admission in any other institute. Though, the respondentISM accepted Migration Certificate and B. Tech Final Semester Marksheet of several students, the request of the petitioner has been declined vide letters dated 16.12.2014 and 13.01.2015. The petitioner has also been debarred from attending the 2nd semester classes due to late submission of Migration Certificate.

(3.) THE learned counsel for the petitioner submits that the petitioner fulfills the eligibility criteria for admission in M. Tech course and he has qualified the Entrance Test of the respondentISM. Referring to Master of Technology (Examination and Miscellaneous Provisions) Rules, 2006, the learned counsel for the petitioner submits that nonsubmission of Migration Certificate by the due date is not a ground for deleting the name of a student from the Institution Roll. It is further submitted that though the petitioner submitted the Migration Certificate on 25.11.2014, it has not been accepted by the respondentauthority and the name of the petitioner has arbitrarily been removed from the Institution Roll.