V.K.SHUKLA, J. - (1.) PETITIONER has rushed to this Court with request to issue a writ in the nature of mandamus directing the respondents to issue admit card to the petitioner for appearing in the First Semester examination of MBA course and not to create any obstruction to the petitioner undergoing the MBA course and the petitioner be treated as lawfully admitted student in MBA course.
(2.) PETITIONER has passed his graduation with 49.33% marks from Agra University, Agra. Petitioner thereafter applied for getting admission to MBA course; he undertook entrance examination known as U.P. State Entrance Examination-2011. Petitioner claims that in the eligibility criteria as mentioned in the brochure of the College was as under: "3.2 (ii) Eligibility to Appear in UPSEE-2011 for admission to first year of MBA/MCA.- for admission to first year of MCA in any institution affiliated toGBTU, Lucknow and MTU, Noida a candidate must have passed Bachelors degree course of three years or more duration from any recognized University: or its equivalent, securing 40% (35% for SC/ST) marks in aggregate. Candidate must have minimum 40% (35% for SC/ST) marks in Mathematics at 10+2 level or at Bachelor degree level." Petitioner submits that he is general category candidate and has secured 49.33% marks, as such he was eligible and entitled to claim admission in MBA course. Petitioner submits that counseling letter was sent to him and he appeared in the counseling and thereafter, he was accorded admission to Galgotia Institute of Management and Technology, Greater Noida, District Gautam Budh Nagar on 23.07.2011. Petitioner submits that at the point of time when admit card was not sent to him, then he enquired and learnt that he was ineligible, and then at this juncture, petitioner has rushed to this Court. Sri Virendra Sharma, learned counsel for the petitioner, contended with vehemence that the petitioner was not at fault and had been accorded admission as per terms and conditions of the brochure, and in view of this he ought to have been permitted to undertake the examination.
(3.) COUNTERING the said submissions, learned standing counsel as well as Sri Neeraj Tiwari, Advocate, contended that minimum eligibility criteria for admission as prescribed by AICT is 50% and the brochure of the University contained incorrect recital and accordingly, on 07.02.2011 Corrigendum was published in newspapers and also on the website of the University that minimum eligibility criteria for admission was 50% in graduate examination, and in the brochure it was wrongly mentioned as 40%, and the incumbents who do not fulfill the minimum eligibility criteria and have been accorded admission, they could ask for refund of their fee and further that the University had no authority to change the criteria.;