JUDGMENT Rakesh Tiwari, J.
1. Heard learned Counsel for the parties.
Dr. Bheem Rao Ambedkar University Agra invited application for admission to 1st Year Bachelor of Engineering Courses in various branches of study of the Institution post on the B.E. Admission Test 2007 to be held on 12.8.2007. The eligibility is prescribed as Intermediate (10+2) or equivalent examination with the subject Physics, Chemistry and Mathematics for the Engineering with the subject Physics, Chemestry and Mathematics/Biology for B.E. Technology.
2. The petitioner has submitted application form for B.E. Admission Test 2007 from Dr. Bheem Rao Ambedkar University Agra Institute of Engineering and Technology, Agra. Thereafter, the petitioner appeared in Admission Test and succeeded in examination, therefore, the petitioner was informed that he has been selected for the admission in B.E. and to appear for counselling at the Institute of Engineering Technology Dr. Bheem Rao Ambedkar University Khandari Campus Agra.
As per letter and instruction, the petitioner appeared on 19.2.2007 for counselling and submitted application along with a Draft of Rs. 43,170, Caste Certificate, Notary Affidavit and Certificate of Mark sheet of High School and Intermediate.
3. Thereafter, the petitioner has not been granted admission in B.E. 1st year Examination on the ground that he was not qualified to appear in the entrance test or for counselling being ineligible as he has appeared in entrance test examination after gap of two years from qualifying examination.
4. In paragraph 6 of the counter affidavit it is averred that "as per own admission of the petitioner that he has passed High School Examination in the year 1997 and he did Intermediate in the year 2004 with subject of Physics, Chemistry and biology after 7 years. The petitioner again completed the Intermediate Examination with Math subject in the year 2007, which happened to be extra qualification for specific purpose not for B.E. As such, greater number of essential subject of qualifying examination has been completed by the petitioner in the year 2004, therefore, there is a gap of more than 2 years after qualifying examination and as such the petitioner cannot claim for his admission in Bachelor of Engineering Course 2007 as a matter of his right."
3. It is an admitted fact that the petitioner passed the qualifying examination i.e. class XIIth Intermediate Examination with Physics Chemestry and Biology but Mathematics is required for Engineering Examination, therefore, he was not qualified. The petitioner thereafter appeared in the Intermediate Examination conducted by the Board of High School and Intermediate Examination 2007 with additional subject as Mathematics and passed, then become eligible for entrance test of B.E.
4. It is permissible that a candidate can appear in any additional subject in the future examination of the same stream, hence, petitioner had attained minimum eligibility for admission in B.E. Course in 2007 when he acquired the eligibility for admission having passed Intermediate Examination with Physics, Chemestry in 2004 and with Mathematics in 2007. In my opinion, therefore, there is no gap between the qualifying examination and the admission of the petitioner. He had also appeared for entrance examination to B.E. and has also successfully completed counselling, hence is entitled for admission.
It is not a case that the candidate does not have minimum qualification for admission in the B.E. Course. He is being denied admission only on the ground that there is a gap of 2 years which in fact is not as stated above.
5. For the reasons aforesaid, the writ petition is allowed. The petitioner being eligible and entitled for admission in B.E. Course having also successfully passed the entrance examination for B.E. Course. In the circumstances, the respondent University is directed to admit the petitioner in B.E. Course aforesaid within a period of one week from the date of production of a certified copy of this order.
No order as to costs.