MOHANTY, J. - (1.) In both the aforesaid writ petitions, challenge is essentially to the eligibility clause for admission to the 3-Year Degree Course in Bachelor of Information Technology (for short 'B.I.T.') contained in the Regulations of the Berhampur University. W. P. (C) No. 983 of 2002 is at the instance of the Hi-tech Institute of Information Technology (hereinafter referred to as 'the Institute'), whereas W. P. (C) No. 8016 of 2003 has been filed by some of the students, who have taken admission to the aforesaid B.I.T. course in the Institute. Since the facts and points of law involved in both the writ petitions are common, they were heard together with the consent of counsel for the parties and are disposed of by this Judgment.
(2.) The crux of the petitioners' case is that the eligibility criteria prescribed by the Berhampur University for admission to B.I.T, Course as contained in Clause 2 of its Regulations are discriminatory and arbitrary and as such, are liable to be quashed. The relevant portion of the said clause is quoted hereunder : "2. Eligibility for the admission to the course: Any candidate, who has passed. I. +2 (Higher Secondary Examination) conducted by Council of Higher Secondary. Education, Orissa or such other examination recognized by this council with Mathematics/Statistics/Business Mathematics/ Physics at least one paper carrying 100 marks at +2 state. OR II. Diploma in Computer Sc./Electronics/Electrical Engineering examination conducted by the State Council of Technical Education, Orissa or such other examinations recognized by the State Council, is eligible to take admission into the course." The Institute after getting "No Objection Certificate" from Berhampur University to admit the students to the B.I.T. Course for the academic session 2001-2002, published an Information Brochure in which it was not reflected that the aforesaid were the eligibility criteria for admission to the said course. On the contrary, it was stated therein that any +2 Arts, Science and Commerce or Diploma Engineering in Computer Science, Electronics, Electrical candidate can apply for the Course directly to the Institute. Therefore, some of the students who did not have Mathematics/Statistics/Business Mathematics/Physics at +2 stage got admitted to the B.I.T. Course of the Institute during the session 2001-2002. Since they did not have the requisite qualification, the Berhampur University rejected their forms and did not allow them to appear at the B.I.T. Part-1 Examination, 2002.
(3.) By an interim order dated 30-7-2002 passed in W. P. (C) No. 983 of 2002 this Court permitted the nine students (petitioners in W. P. (C) No. 8016 of 2003) to appear at the B.I.T. Part-I Examination, 2002 with a further direction not to publish their results until further orders. Pursuant to the said order, although those nine students were permitted to appear at the said examination, their results have not yet been published.;