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2018 DIGILAW 699 (ORI)

Alaka Pradhan v. O. J. E. E.

2018-07-31

B.R.SARANGI, VINEET SARAN

body2018
JUDGMENT Dr. B.R. SARANGI, J. - The petitioner has filed this application seeking for direction to opposite party no.2-Biju Pattnaik University of Technology (B.P.U.T.) to declare her result and further seeks for direction to opposite party no.1 to allow her to participate in M. Tech admission process. 2. The factual matrix of the case, in hand, is that the petitioner passed H.S.C. Examination and thereafter acquired Diploma qualification from Govt. Ploytechnic, Dhenkanal in Electronics and Telecommunication and admitted in B.Tech at I.G.I.T., Sarang in Electronics and Telecommunication Engineering. She appeared in the 7th Semester Examination in the month of December, 2017, but the result of the said examination was published on 03.02.2018, in which she was declared fail in one subject, i.e., VLSI Design. She applied for rechecking by depositing requisite fees before the College authority. When the rechecking process was pending, the petitioner applied Joint Entrance Examination, 2018 for M. Tech Course in the month of March, 2018, but till end of May, 2018 the result of rechecking was not communicated to her. Therefore, she decided to skip that subject for award of Degree as per the provisions contained in Clause-7.2 of the B.P.U.T. Academic Regulations for B. Tech on 26.05.2018 through the College. 3. The Biju Pattnaik University of Technology (B.P.U.T.) did not take any step, but in the meantime, the petitioner qualified O.J.E.E., 2018 for admission into M.Tech Course with electronics Rank-67 and obtained Rank Card from the OJEE authority. As such, she was issued Temporary allotment letter by allotting a seat for Electronics and Telecommunication at I.G.I.T., Sarang. On the date of counseling, when the petitioner appeared before the OJEE authority for verification of her certificates, she was refused because she could not produce her certificate as her result was not published, hence this application. 3. Mr. A.K. Mahana, learned counsel appearing for the petitioner strenuously contended that soon after the petitioner was declared fail in VLSI Design, she applied for skipping of the said subject, but due to non-issuance of certificate in her favour, she could not produce the same before the OJEE authority for consideration of her admission into M. Tech Course, 2018, though she was provisionally allotted a seat at I.G.I.T., Sarang. The result of rechecking in subject VLSI Design in 7th Semester was to be declared and the petitioner was to be supplied with all the certificates so that she could have presented the same before the OJEE authority for admission into higher course, i.e., M. Tech Course. He further contended that since one seat has not been filled up at I.G.I.T., Sarang, by virtue of interim order passed by this Court, she may be given opportunity to produce the relevant certificates before the counseling authority-OJEE so that she can prosecute her higher studies. 4. Mr. S. Palit, learned counsel appearing for Odisha Joint Entrance Examination (OJEE) states that the admission has to be done in accordance with rules prescribed for the purpose and as such, the petitioner has been qualified in OJEE, 2018 for admission into M. Tech Course and issued Rank Card from OJEE authority. Therefore, she was called upon to produce the certificates in counseling. As the petitioner could not produce the certificates, her case could not be considered. Normally, if the seats are not filled up, the same can be done by conducting second counseling from out of the candidates who are in the waiting list. He further stated that seats are still lying vacant for admission into M. Tech Course. In the event the petitioner produces her certificates before the authority in the counseling, her case can also be considered, as she has been protected by this Court by an interim order passed on 30.07.2018. 5. The facts as discussed above are undisputed. In course of hearing Mr. A.K. Mahana, learned counsel for the petitioner states that when the matter is pending before this court, the result of the petitioner in subject VLSI Design in 7th Semester Examination has been published and the petitioner has already received the certificate from BPUT authority and she can produce the same in the counseling. The delay in filing the certificate was for no fault of the petitioner as she was provided the same after delay by the BPUT and as such she should not be made to suffer because of the delay caused on the part of the BPUT. 6. By the time argument was advanced before this Court today, it is contended that the petitioner has produced all the relevant documents for consideration of her admission in M. Tech Course, 2018. As it has been stated by Mr. 6. By the time argument was advanced before this Court today, it is contended that the petitioner has produced all the relevant documents for consideration of her admission in M. Tech Course, 2018. As it has been stated by Mr. Palit, learned counsel for OJEE-opposite party no.1 that seats are still lying vacant at I.G.I.T., Sarang, in our opinion, in the event the petitioner’s case is considered for admission into M.Tech Course, it will not prejudice anybody, particularly when the petitioner has already been qualified, selected and allotted a seat at I.G.I.T., Sarang and only because she could not produce the certificate on the date of counseling, as she did not possess the same at that time, her case could not be considered for admission. Now that seats are lying vacant and the petitioner, in the meantime, has produced all the certificates, pursuant to the interim order dated 30.07.2018 passed to the effect that the seat in the subject Electronics & Telecommunication in I.G.I.T., Sarang, which was allotted to the petitioner for admission in M. Tech Course, 2018 in the first round of counseling, shall not be allotted to any other student, we direct opposite party no.1 to verify the certificates and take necessary steps for admission of the petitioner in M. Tech Course, 2018 of I.G.I.T. Sarang in subject Electronics and Telecommunication, in the allotted seat, by following due procedure. 6. The writ petition is allowed to the extent indicated above. No order as to cost. Petition allowed.