JUDGMENT : Heard the learned counsel for the parties and perused the counter affidavit filed on behalf of the respondents. With the consent of the learned counsel for the parties, this application is taken up for disposal at the stage of admission itself. The petitioner in this application has prayed for issuance of a direction to the respondents to admit the petitioner to the Junior Research Fellowship ( JRF) scheme of Ph. D. Programme 2008 in the Faculty of Management Studies under the respondent Indian School of Mines University ( ISMU) and also for an order quashing the letter dated 18.8.2008(annexure 6) and the letter dated 21.8.2008 (annexure-7) whereby the petitioner’s application seeking his admission has been rejected by the respondent no.4. 2. The facts of the petitioner’s case is as follows : (i) An advertisement was issued by the respondents inviting applications by the respondent ISMU from eligible candidates for admission to Research Fellowship in Ph. D. Programme 2008. The advertisement had stipulated categorically that for the Industrial Engineering & Management Discipline, the minimum qualification prescribed is M. Tech/B.Tech. in any branch of Engineering. It also categorically mentioned that the Management Studies is a Management Discipline for which minimum qualification prescribed was MBA/M.Tech/ Industrial Engineering Management /M. Com/M.A. Economics. (ii) The petitioner had applied for Management Studies in management Discipline declaring that he possessed MBA diploma. (iii) in the results of the Entrance Examination at which the petitioner had appeared, he was assessed as selected, though placed at serial no. 7 in the wait list. Such candidates in the wait list could have their chance of admission/absorption if the selected candidate of the main list does not accept the offer of admission. (iv) One candidate, namely Akbar Khan, who had applied in the Discipline of Industrial Engineering & Management and was selected, did not take his admission and consequently, the seat offered to him in the Industrial Engineering & Management Discipline, remained vacant. 3. The petitioner has sought for his admission against the vacant seat which has been refused by the respondents by the impugned letters. 4 The petitioner would refuse to accept the contention of the respondents that there are two branches or disciplines under the department of Management Studies, since, according to him, both the disciplines were emerged together to constitute a common department under the name of Management Studies. 4 The petitioner would refuse to accept the contention of the respondents that there are two branches or disciplines under the department of Management Studies, since, according to him, both the disciplines were emerged together to constitute a common department under the name of Management Studies. 5 As explained by the respondents, decision was taken at the Executive Board level of the respondent ISMU to rename and restructure the Department of Industrial Engineering & Management Discipline and pursuant thereto, the Department was renamed as the Department of Management Studies. However, it cannot be said that on such renaming, the various disciplines under the Management Studies have been merged. This is indicative from the fact that each of various disciplines prescribes specific educational qualification as the eligibility criteria for admission and it has also been reflected in the Advertisement ( Annexure A) issued by the respondents inviting applications from eligible candidates. 6 As observed above, for students opting for Industrial Engineering & Management Discipline, the minimum qualification stipulated is shown in the Advertisement itself i.e. 1st class M. Tech/B.Tech in any branch of engineering. On the other hand, minimum qualification for the Management Discipline does not insist upon a candidate possessing M.Tech/B.Tech degree in any branch of Engineering. It is not disputed that the selected candidate namely Akbar Ahmad Khan who possessed degree in Engineering Branch had sought for his admission to Research Programme in the discipline of Industrial Engineering & Management and since he did not take admission, a vacancy has been created. Yet, such vacancy can be filled up only by such candidate of the wait list who had opted for the same discipline and who possessed the requisite qualification of the said discipline. 7 In response to the advertisement which had specifically invited separate applications from candidates in respect of the two disciplines, the petitioner had opted for the discipline of Management Science on the ground of his possessing the requisite qualification of MBA degree. It is on this ground that the respondents have refused to fill up the vacancy created in the discipline of Industrial Engineering & Management by accepting the petitioner’s candidature. The decision of the respondents for the reasons assigned in the impugned letters, in my opinion, cannot be termed irrational or arbitrary. It is on this ground that the respondents have refused to fill up the vacancy created in the discipline of Industrial Engineering & Management by accepting the petitioner’s candidature. The decision of the respondents for the reasons assigned in the impugned letters, in my opinion, cannot be termed irrational or arbitrary. 8 Even otherwise, admittedly, the petitioner’s position in the wait list is at serial no..7 and there are quite a number of candidates above him in the wait list who could stake their claim for absorption against the vacancy on the basis of their fulfilling the eligibility criteria. The mere fact that the petitioner’s name finds place in the wait list does not create any right in his favour for his admission to the course offered by the respondents. For the aforesaid reasons, I do not find any merit in this writ petition. Accordingly, this writ petition is dismissed at the stage of admission itself.