Harshwardhan S. Saini vs Birla Institute of Technology

This intra Court Appeal has been filed against the order dated 4.8.2011 passed in W.P.(C) No. 4462 of 2010 dismissing the writ petition filed on behalf of the appellant.

Mrs. Anjana Sahni learned counsel appearing for the appellant submitted that the appellant fulfilled the criteria for admission in Bachelor of Architecture and therefore, his provisional admission should not have been cancelled and he should have been allowed to continue his studies after he cleared the mathematics paper. The appellant qualified in the entrance examination and therefore, he was given provisional admission and he was allowed to clear mathematics paper. She further submitted that passing mathematics by National Institute of Open Schooling(NIOS) is equivalent to passing such paper from the Central Board of Secondary Education(CBSE).

On the other hand, learned counsel appearing for the respondents supported the impugned order.

It was submitted that the appellant was given provisional admission in terms of the rules. It has been pointed out that in the entrance examination he obtained 32 marks in paper-1-Physics, Chemistry & Mathematics;and. obtained 217 marks in paper-2 -Mathematics, Aptitude Test and Drawing. It is further submitted that though it was not disclosed by the appellant but on inquiry it was learnt that he failed in compartmental examination of Mathematics held by the CBSE and then he appeared in Mathematics examination from NIOS. It is also submitted that the certificate of NIOS Annexure-9 is merely declaration of marks obtained by the appellant showing that he obtained 37 marks in mathematics and it is not a pass certificate. It is further submitted that Rule 1.6(v) defines ''Qualifying Examination'', which means "examination on the result of which the candidate becomes eligible to apply for admission to All India Engineering/Architecture Entrance Examination" and the list of qualifying examinations has been given in clause vi of Appendix-VIII:- "A pass grade in the Senior Secondary School Examination conducted by the National Open School with a minimum of five subjects". It is therefore, submitted that the provisional admission given to the appellant was rightly cancelled on 6.1.2010.

The appellant could not show a legal right to claim admission against the rules and norms of AIEEE (All India Engineering Entrance Examination). Only because he was given provisional admission subject to passing mathematics examination, he cannot claim that he should be given admission. It further appears from statement of the marks annexed by the appellant that he obtained 37 marks in mathematics. Moreover, there is no arbitrariness, or mala fide on the part of the respondents in cancelling his provisional admission. Further it appears that the provisional admission was cancelled far back on 6.1.2010. Then the appellant requested to allow him to continue his study by letter dated 30.1.2010 but immediately another letter was written on 1.2.2010 by his father that the appellant was unable to pursue his studies due to ill health and he needs rest and continue medication under supervision. Therefore a request was made for temporary withdrawal from his regular studies until the beginning of next session in July, 2010.

After hearing the parties at length and considering the matter from different aspects, in our opinion, no grounds have been made out for interference with the impugned order dated 4.8.2011 passed in W.P(C) No. 4462 of 2010. Accordingly this appeal is dismissed.