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2004 DIGILAW 242 (ORI)

HI-TECH INSTITUTE OF INFORMATION TECHNOLOGY v. BERHAMPUR UNIVERSITY

2004-05-15

P.K.MOHANTY

body2004
MOHANTY, J. ( 1 ) IN both the aforesaid writ petitions, challenge is essentially to the eligibility clause for admission to the 3-Year degree Course in Bachelor of Information technology (for short 'b. I. T. ') contained in the Regulations of the Berhampur University. W. P. (C) No. 983 of 2002 is at the instance of the hi-tech Institute of Information Technology (hereinafter referred to as 'the Institute'), whereas W. P. (C) No. 8016 of 2003 has been filed by some of the students, who have taken admission to the aforesaid B. I. T. course in the Institute. Since the facts and points of law involved in both the writ petitions are common, they were heard together with the consent of counsel for the parties and are disposed of by this judgment. ( 2 ) THE crux of the petitioners' case is that the eligibility criteria prescribed by the berhampur University for admission to B. I. T, course as contained in Clause 2 of its Regulations are discriminatory and arbitrary and as such, are liable to be quashed. The relevant portion of the said clause is quoted hereunder :"2. Eligibility for the admission to the course: any candidate, who has passed. I. +2 (Higher Secondary Examination)conducted by Council of Higher Secondary. Education, Orissa or such other examination recognized by this council with Mathematics/statistics/business Mathematics/ physics at least one paper carrying 100 marks at +2 state. OR ii. Diploma in Computer Sc. /electronics/electrical Engineering examination conducted by the State Council of Technical education, Orissa or such other examinations recognized by the State Council, is eligible to take admission into the course. "the Institute after getting "no Objection certificate" from Berhampur University to admit the students to the B. I. T. Course for the academic session 2001-2002, published an Information Brochure in which it was not reflected that the aforesaid were the eligibility criteria for admission to the said course. On the contrary, it was stated therein that any +2 Arts, Science and Commerce or Diploma Engineering in Computer science, Electronics, Electrical candidate can apply for the Course directly to the Institute. Therefore, some of the students who did not have Mathematics/statistics/business Mathematics/physics at +2 stage got admitted to the B. I. T. Course of the Institute during the session 2001-2002. Therefore, some of the students who did not have Mathematics/statistics/business Mathematics/physics at +2 stage got admitted to the B. I. T. Course of the Institute during the session 2001-2002. Since they did not have the requisite qualification, the Berhampur University rejected their forms and did not allow them to appear at the B. I. T. Part-1 Examination, 2002. ( 3 ) BY an interim order dated 30-7-2002 passed in W. P. (C) No. 983 of 2002 this Court permitted the nine students (petitioners in w. P. (C) No. 8016 of 2003) to appear at the b. I. T. Part-I Examination, 2002 with a further direction not to publish their results until further orders. Pursuant to the said order, although those nine students were permitted to appear at the said examination, their results have not yet been published. ( 4 ) THE stand of the opposite parties (Berhampur University) is that the eligibility criteria for admission to B. I. T. course are that a candidate should have passed +2 (Higher Secondary Examination) conducted by Council of Higher Secondary Education, orissa or such other examinations recognized by the Council with Mathematics/statistics/business Mathematics/physics at least one paper carrying 100 marks or Diploma in Computer Science/electronics/ electrical Engineering Examination conducted by the State Council of Technical education, Orissa or such other examination recognized by the State Council of Technical Education. It has been further averred that none of the nine students (petitioners in W. P. (C) No. 8016 of 2003) had passed +2 (Higher Secondary Examination) with any of the aforesaid subjects. Therefore, they were ineligible to take admission into the b. I. T. Course, and their application forms have been rightly rejected by the University. ( 5 ) AFTER going through the pleadings of the parties, we are satisfied that admittedly "no Objection Certificate" was issued to the institute by the Berhampur University on 4-1-2001 to admit the students to B. I. T. Course for the session 2001-2002. There is no dispute that the Institute is governed under the Regulations of Berhampur University. In other words, the Rules and Regulations of the Berhampur University are binding on the Institute. There is no dispute that the Institute is governed under the Regulations of Berhampur University. In other words, the Rules and Regulations of the Berhampur University are binding on the Institute. Under the Regulations of Berhampur University the eligibility criteria for admission into B. I. T. Course for the session 2001-2002 were that a candidate should have passed +2 (Higher Secondary Examination) conducted by Council of Higher Secondary Education, Orlssa or such other examinations recognized by the council with Mathematics/statistics/business Mathematics/physics at +2 stage. But in the Information Brochure, as published by the Institute, the eligibility criteria for taking admission into the said course for the session 2001-2002 were that any student who has passed +2 Arts, Science and commerce or Diploma Engineering in Computer Science, Electronics, Electrical can apply. This Information Brochure does not speak about the eligibility criteria prescribed by the Berhampur University in Clause 2 of its Regulations. Prescription of minimum eligibility qualification for admission to a particular course is within the domain of the university, the Institute cannot deviate from the same. ( 6 ) THE points involved in this case are two fold one relating to prescription of minimum educational qualification for admission to the B. I. T. course, and the other. relating to change of course from B. I. T to bachelor in Computer Application. Both these points relate to matters in the realm of policy decision to be taken by the University, which is the recognising authority of that Course. But In an appropriate case, the court can examine whether the policy decision or the administrative order dealing with the matter is based on a fair, rational and reasonable ground. It is not for the Court to determine whether a particular educational qualification possessed by a candidate should or should not be recognised as equivalent to the prescribed qualification. In the case of State of Rajasthan v. Lata Arun, reported in (2002) 6 SCC 252 the Hon'ble apex Court has laid down the aforesaid test. Therefore, this Court is not inclined to interfere with the eligibility qualification prescribed by the University for taking admission to B. I. T. Course. In the case of State of Rajasthan v. Lata Arun, reported in (2002) 6 SCC 252 the Hon'ble apex Court has laid down the aforesaid test. Therefore, this Court is not inclined to interfere with the eligibility qualification prescribed by the University for taking admission to B. I. T. Course. As regards, change of course from B. I. T. to B. C. A. , it is the University which can decide whether It will change the course from B. I. T. to B. C. A. Once the University takes a stand that the B. C. A. is altogether a different course from B. I. T. , basing upon the aforesaid ratio, there is little scope for this Court to allow change of course from B. I. T. , to B. C. A. after one year. ( 7 ) BEFORE we part with the case, we must express our grave concern with regard to the matters of admission of students. In the instant case, because of the misrepresentation of the Institute in not publishing in Its information Brochure the eligibility criteria as prescribed by the Berhampur University in Clause 2 of its Regulations, the petitioners in W. P. (C) No. 8016 of 2003 got themselves admitted into the B. I. T. course and prosecuted their studies for one year. In the process, they must have spent huge money. As they have been deprived of the opportunity to prosecute their studies for the misrepresentation of the Institute and for no fault of theirs, the interest of Justice would be best served if they are awarded just compensation. It is worth mentioning that no amount of money can compensate the loss the petitioners suffered on account of misrepresentation of the Institute, yet award of compensation in a case of this nature will be a deterrent for the Institutions who indulge in this kind of activities. We, therefore, direct the Institute to pay each of the petitioners in W. P. (C) No. 8016 of 2003 a sum of Rs. 25,000/- (Rupees twenty-five thousands) as compensation within two months from the date of order. With the aforesaid direction, the writ petitions are disposed of. ( 8 ) I agree. Order accordingly. .