Heard Sri Shesh Kumar, learned counsel for the petitioner and Sri Neeraj Tiwari, learned counsel appearing on behalf of the University.
By means of the present writ petition, the petitioner is seeking a direction to the respondents to grant the admission to the petitioner in M. Tech (Computer Science) Course. The petitioner is M.Sc. in Computer Science with 72% marks.
The contention of the petitioner is that in pursuance of the applications being invited by the respondents for the admission in M. Tech Course along with some other courses, the petitioner being eligible for admission for M. Tech course, submitted an application for admission along with certificates and mark-sheets. He has been called upon twice for counseling. He participated in the counseling, but he has not been granted admission in M. Tech course despite the fact that the candidates with lower percentage of marks than the petitioner has been granted admission in the said course.
The contention of the petitioner is that he came to know that the respondents have adopted new criteria for granting admission in M. Tech course although the said criteria has not been provided in the broucher issued by the University providing admission procedure to the said course. He submitted that clause 3 provides eligibility criteria for the admission in M. Tech. Clause 3.1. iii provides for admission to M. Tech (Computer Science, Information Technology and related branches), candidates having degree of MCA, M.Sc. (Computer Science) or M.Sc. (Information Technology) with at least 60% marks for General/OBC candidates and 55% marks for SC/ST candidates are also eligible. The petitioner being the M.Sc. (Computer Science) with 72% marks, was eligible for admission. Clause 4 provides selection procedure. Clause 4.5 provides that the candidates with qualifications stated in Section 3 and with valid GATE/GPAT scores will be given first preference in admission. Clause 4.6 provides graduates in Engineering/Technology without valid GATE/GPAT scores will be given second preference in admission.
In paragraph-4 of the supplementary affidavit, it is stated that Supriya Srivastava, Aanaey Tripathi and Sapana Singh given admission though their marks were less than the petitioner's marks.
Sri Neeraj Tiwari, learned counsel appearing on behalf of the University, submitted that in a meeting of Admission Committee of the University, Gautam Buddh Technical University, Lucknow held on 12.8.2011 presided by the Pro-Vice Chancellor and attended by several members, for the admission of M. Tech/ M. Pharma course for the session 2011-12 it has been resolved that for admission, preference shall be given to GATE qualified candidates with B. Tech degree over the MCA/M.Sc. candidates. The said decision of the Admission Committee dated 12.8.2011 has been approved by the Academic Council of the University. He submitted that since the petitioner had a degree of M.Sc. (Computer Science), preference to those students having B. Tech degree has been given and since the petitioner does not have the degree of B. Tech, he has not been given admission. He submitted that clause 3.2 of the admission procedure provides that the University may prescribe any other requirements over and above these conditions mentioned in clause 3.1. and, therefore, the University has the right to change the criteria for admission and give preference to the students having B. Tech course over the M.Sc.
To the aforesaid submission, the learned counsel for the petitioner submitted that clause 3.1 provides eligibility criteria. Clause 3.2 is applicable only to eligibility criteria and, therefore, the University may prescribe any other requirements over and above the criteria specified in clause 3.1 but the University has no right to change the selection procedure as no power has been given in the broucher changing the admission procedure. He submitted that once under the selection procedure, the preference has already been specified, no further preference can be provided by the Admission Committee. In the circumstances, the preference given to B. Tech over the M.Sc. students in a meeting held on 12.8.2011 is unjustified. He placed reliance on the decisions of the apex Court in the case of State of Uttar Pradesh and others vs. Dr. Reena Singhal, reported in (2000) 2 UPLBEC 1497, Rahul Kumar vs. The State of U.P. and others, reported in (2001) 2 UPLBEC 1627, Abhishek Srivastava vs. State of U.P. and others, reported in (1992) 2 UPLBEC 922 and Kumari Suman Upadhya and another vs. The Vice-Chancellor, Bir Bahadur Singh, Purvanchal University, Jaunpur and others, reported in (2000) 2 UPLBEC 1142.
I have considered the rival submissions and given my considered opinion.
It would be appropriate to refer relevant parts of clause 3 and clause 4 of the Admission Procedure provided by the University.
Clause 3.1 The applicant for M. Tech/ M. Pharm. Programmes must fulfill the following criteria:
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iii. For admission to M. Tech. (Computer Science, Information Technology and related branches), candidates having degree of MCA, M. Sc. (Computer Science) or M.Sc. (Information Technology) with at least 60% marks for General/OBC candidates and 55% marks for SC/ST candidates are also eligible.
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Clause 3.2 The equivalency of any degree for admission to any programme will be decided by the University. The eligibility criteria given above are minimum and mere possessing the same does not qualify the eligibility for admission. University may prescribe any other requirements over and above these conditions.
Clause 4 Selection Procedure 4.1 The candidate has to fill an application form on-line with all the relevant details and send print compy of the same along with requisite fee and certified copy of documents related to qualifications on or before the last date prescribed by the University. The on-line application is available on website www.uptu.ac.in. The candidates should fill in and sign the check list and submit along with the form.
4.2 The short-listed eligible candidates shall be called for counselling. The schedule of counselling will be available on the University website www.uptu.ac.in.
4.3 The number of seats, programmes & institutions may change under very special circumstances. The same will be posted on the website of the university.
4.4 Students having domicile of Uttar Pradesh shall be given first preference and subsequently the candidate having domicile outside U.P. will be considered only if seats are vacant/unfilled.
4.5 Candidates with qualifications stated in Section 3 and with valid GATE/GPAT scores will be given first preference in admission.
4.6 Candidates in Engineering/ Technology without valid GATE/GPAT scores will be given second preference in admission.
The admitted fact is that the petitioner is M.Sc. (Computer Science) with 72% marks and accordingly he is eligible for admission in M. Tech (Computer Science, Information Technology and related branches) as provided in clause 3.1 iii, referred herein above. Clause 4 provides selection procedure. Clause 4.5 provides that the candidates with qualifications stated in Section 3 and with valid GATE/GPAT scores will be given first preferernce in admission. Clause 4.6 provides graduates in Engineering/ Technology without valid GATE/GPAT scores will be given second preference in admission.
The contention of the petitioner is that under the aforesaid clauses, the petitioner is entitled for admission having 72% marks in M.Sc. (Computer Science). In the brochure which provides admission procedure, the selection procedure provides no preference to B. Tech degree holder over the M.Sc. (Computer Science). Clause 3.2 gives power to the University to prescribe any other requirements over and above these conditions mentioned in clause 3.1 which provides eligibility criteria. In the meeting dated 12.8.2011, eligibility criteria has not been changed but the selection procedure has been changed for which no power is contemplated in the admission procedure published by the University, which is annexed as Annexure-1 to the writ petition, therefore, in the absence of any power being given to the University to change the selection procedure subsequently and providing some other criteria for admission is without jurisdiction. Once the preference has already been contemplated in the selection procedure, it is not open to the University to provide further preference which is not contemplated in the selection procedure. Therefore, I am of the view that the decision in the meeting held on 12.8.2011 by the Admission Committee changing the criteria of selection for admission and providing preference to B. Tech students over the M.Sc. and MCA candidates, is unjustified.
In the result, the writ pettion is allowed. The University is directed to consider the admission of the petitioner in M.Tech for the session 2011-12 on the basis of selection procedure contemplated in the admission procedure published by the University ignoring the decision taken by the Admission Committee in its meeting held on 12.8.2011. In case if the admission is over and there is no vacant seat, the petitioner may be considered for admission for the forthcoming session 2012-13.
Dated: 21 March, 2012 OP