Irfan vs State of U.P. and Others

Hon''ble Rajes Kumar, J.—Heard Learned Counsel for the petitioner and Sri Neeraj Tiwari, Learned Counsel appearing on behalf of the respondent no.2 and learned Standing Counsel.

By means of the present writ petition, the petitioner is challenging the order/letter dated 13.12.2011 issued by the respondent no.3, by which the admission of the petitioner in M.B.A. course has been cancelled on the ground that the University denied to enroll the petitioner because the qualifying percentage of the petitioner is below 50% marks.

Learned counsel for the petitioner submitted that under the belief that 40% marks was the minimum qualifying marks for the admission in M.B.A. course as mentioned in the brochure of the University, the petitioner sought admission and, therefore, the cancellation of the admission, is not justified.

Sri Neeraj Tiwari, Learned Counsel appearing on behalf of the respondent no.2 submitted that the petitioner obtained only 47.8% marks in graduation, which is less than 50% marks prescribed for the admission by the All India Council for Technical Education and neither the State Government nor the University is empowered to prescribe standard marks lower than standard marks prescribed by All India Council for Technical Education. He submitted that in the brochure of the University, the minimum marks for the admission in M.B.A course was wrongly mentioned as 40% marks for seeking admission in M.B.A. course. Subsequently, on 07.02.2011 a corrigendum was published in various newspapers and also on the website that minimum criterion for entrance in M.B.A. course is 50% marks in graduate examination which has wrongly been mentioned as 40% marks in the brochure and further it was informed that all those students, who do not fulfil this criterion may seek refund of the fee.

The issue involved in the present writ petition is squarely covered by the decision of this Court in Writ Petition No.65287 of 2011, Sandeep Kumar Verms Vs. State of U.P. and others, decided on 16.11.2011 and in Writ Petition No.70206 of 2011, Rachit Kumar Sharma Vs. Gautam Budh Technical University and others, decided on 07.12.2011 wherein in reference to the admission of B.Tech course, this Court has held that neither the State Government nor the University is empowered to prescribe standard marks lower than standard marks prescribed by All India Council for Technical Education.

The issue relating to M.B.A. course has also been considered by this Court in Writ Petition No.68303 of 2011, Shashank Dubey Vs. Mahamaya Technical University and others, decided on 29.11.2011 wherein the similar view has also been taken.

In view of the above, I do not find any illegality in the impugned order. However, it is open to the petitioner to get refund of the fee deposited by him and for the harassment caused to the petitioner, the petitioner may seek appropriate remedy for claiming the compensation in accordance to law.

The writ petition stands dismissed.