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2012 DIGILAW 472 (ORI)

Sobhan Kumar Banerjee v. Vice-Chancellor, BPUT

2012-10-18

SANJU PANDA

body2012
JUDGMENT SANJU PANDA, J. : In this writ petition, the petitioner has challenged the action of the opposite parties in not correcting the registration number, changing the branch from Civil Engineering to Mechanical Engineering of B. Tech course and for correction of his name from “Sobhan” in place of “Sibhan”. 2.The brief fact of the case as narrated in the writ petition is that the petitioner appeared the Orissa Joint Entrance Examination, 2011 and obtained Rank No.24692. Accordingly, he opted to take admission in Mechanical Engineering Branch of B. Tech Course in Nalanda Institute of Technology (NIT), Bhubaneswar and locked his 1st choice and Ajaya Binaya Institute of Technology (ABIT), Cuttack in Mechanical Engineering Branch as his 5th choice. The petitioner at the spot counseling changed his institution from NIT, Bhubaneswar to ABIT, Cuttack and he has also deposited Rs.10,000/- and Rs.29,500/- towards 1st semester B.Tech Course of Mechanical Engineering on 24.8.2011 and 24.11.2011 respectively and continued his study at ABIT, Cuttack. The College also issued Library Card to the petitioner reflecting his Branch Course as Mechanical Engineering. While the matter stood thus, before commencement of the 1st semester examination, registration number was issued in favour of the petitioner and he has been registered as a student of Civil Engineering Branch vide Registration No.1101206209 instead of Mechanical Engineering Branch and his name was erroneously reflected as “Sibhan” in place of “Sobhan”. The petitioner raised his objection before the College Authorities, who assured him for necessary correction of the bona fide mistake and he was allowed to appear 1st semester examination. The petitioner, time and again, approached the College Authorities after the 1st semester examination was over for necessary correction. But College as well as the University Authorities did not take any action thereon. Therefore, finding no other way, the petitioner, on advice of the Principal of the College, on 7.7.2012 has moved an application to the University for correction of his registration number, branch course as well as his name from “Sibhan” to “Sobhan”. It is further averred that while the aforesaid application of the petitioner was pending, 2nd semester examination commenced from 20th July, 2012. This time also the petitioner again approached the Principal of the College. However, the Principal expressed his inability to make necessary correction and asked him to approach the University. It is further averred that while the aforesaid application of the petitioner was pending, 2nd semester examination commenced from 20th July, 2012. This time also the petitioner again approached the Principal of the College. However, the Principal expressed his inability to make necessary correction and asked him to approach the University. Due to sudden strike during the said period, the petitioner could not contact the competent authority of the University and, accordingly, filed the present writ petition for reduressal of his grievance. 3.From the counter affidavit filed by the Registrar, Biju Patnaik University of Technology (BPUT)-opposite party No.2, it appears that the students were allotted subject and institution after final round of counseling and the students holding OJEE rank were allowed to lock their choice of institution and branch. The OJEE authority forwarded a list of students which includes the name of the petitioner under the 10% vacancy seats of ABIT, Cuttack. The petitioner’s name was appeared at Sl. No.1 of the said list showing his name against Civil Engineering Branch. The College Authority also forwarded the list of students admitted by them showing the name of petitioner at Sl. No.1 of the said list along with the branch as Civil Engineering. After receipt of the name of the students by the University, it proceeded with allotment of registration number to each of the students enrolled under the University indicating their names, registration numbers and name of the respective Colleges. According to the list furnished by the College, the petitioner was allotted registration number by the University and the same was issued to him. Clause 2.5 of the Academic Regulation of the University prescribes the regulation for change of Branch by any student of the University, but change of branch in the midst of the academic session is not permissible. 4.The College authority also filed a separate affidavit which reveals that the petitioner attended the Nodal Centre on 22.7.2011 and locked his choice in Mechanical Engineering Branch in respect of 25 colleges, wherein ABIT was listed at serial No.7. The petitioner was allotted Nalanda College of Technology in Mechanical Engineering Branch. But he did not prefer to take admission in the said college. The petitioner was allotted Nalanda College of Technology in Mechanical Engineering Branch. But he did not prefer to take admission in the said college. When the process of admission to the seats meant for NRI quota was started at the college level, there were 6 seats each available in both Mechanical and Civil Engineering Branches under the NRI quota in the ABIT College and admission was held on 20th August, 2011 and all the 6 number of seats in Mechanical Branch were filled up. Similarly, out of 6 in Civil Engineering Branch, only 3 seats were filled up on the same day. The petitioner approached the College after the Mechanical Engineering Branch seats were filled up anticipating allotment of seat in spot counseling and deposited Rs.10,000/- on 24.8.2011. Thereafter, he has prepared a demand draft of Rs.30,000/- on 10.9.2011 in favour of OJEE for spot counseling. The petitioner attended the spot counseling on 22.9.2011 and locked his 1st choice for Mechanical Branch and 2nd choice for Civil Engineering Branch. Even though there were two non-reporting seats available in the Mechanical Branch for spot counseling, on 27.9.2011, the OJEE allotted a seat to the petitioner in Civil Engineering Branch. However, the petitioner did not deposit the admission fee and as such he has lost his chance for admission. The College Authority submitted documents on 27.12.2011 before the OJEE for verification and in the above background, the petitioner was given admission against the vacant seat of Civil Engineering Branch under the NRI quota. The petitioner has also appeared the 1st and 2nd semester examinations and since allotment of seat is not within the domain of the College, it cannot change the Branch of the petitioner. However, the College has taken a stand that as the non-reporting vacant seats are available in 2010, such non-reporting vacant seats can be filled up by the OJEE through 2nd counseling. However, the OJEE took different plea to fill up such vacant seats and issuance of Library Card as well as Internet Cardin does not confer any right to the claim of the petitioner for change of branch. 5.Learned counsel appearing for the parties however, in course of argument, submitted that the topic and subject of 1st and 2nd semester examinations in Mechanical Engineering Branch and Civil Engineering Branch are same. 5.Learned counsel appearing for the parties however, in course of argument, submitted that the topic and subject of 1st and 2nd semester examinations in Mechanical Engineering Branch and Civil Engineering Branch are same. Therefore, a student already appeared the 1st and 2nd semester examinations can change the Branch subject as per Clause 2.5 of the Academic Regulation of the University and the case of the petitioner can be considered since there was such vacancy in the College in lateral entry in Mechanical Engineering Branch, which will not beyond the intake capacity of the institution. 6.Considering the above and since the petitioner has already appeared the 1st and 2nd semester examinations and subject of those two examinations in Mechanical Engineering Branch and Civil Engineering Branch are similar, this Court directs the Registrar, Biju Pattnaik University of Technology-opposite party No.2 to consider the application of the petitioner for change of branch and also take necessary step for correction of his name from “Sibhan” to “Sobhan” within a period of fifteen days hence. With the aforesaid direction the writ petition is disposed of. Petition disposed of.