B.L.YADAV, J. - (1.) By the present writ petition under Art.226 of the Constitution the petitioner has sought the relief for a writ, order or direction in the nature of Mandamus directing the respondents to admit the petitioner to 4/5 years course including B. Arch. course for 1984-1985. The facts leading to the present writ petition to this court are that in pursuance of an advertisement for admission to the Engineering College published in the newspaper, the petitioner submitted his application form for admission and he was allotted Roll No. 68548. The petitioner also deposited Rs. 60/- as entrance examination fee as given in the 1984 Information Brochure. A photostat copy of the admit card issued to the petitioner has been filed as Annexure 1 to the writ petition. A combined entrance examination for admission to B.Arch/B.E. courses was held by the admission committee on May 18, 19, 20 and 21, 1984. The total number of seats available in the Govt. College of Architecture, Lucknow were 40 out of which 22 seats were available for U. P. general candidates and 18 seats were available for various reserved categories including 15% reservation of seats for U. P. Backward Class candidates, which came to 6 in number. After the examination the petitioner was declared to be successful candidate, however in the list of U. P. Backward Class candidate, for the B.Arch course. The petitioner was the second candidate to be called for interview to be held on 19-7-1984. It is also relevant to mention that the Information Brochure provides certain conditions to be fulfilled by candidates for being selected at different courses. Clause 3.5 lays down certain conditions including 50% marks in aggregate in Physics, Chemistry and Mathematics. In addition to this a candidate must have passed in English at the qualifying examination. For Scheduled Castes candidates, however, there was no minimum percentage of marks in the aggregate. Out of the candidates for the seats reserved for backward class, some candidates did not opt for B.Arch Course and joined other courses. The petitioner was accordingly sent interview card on 5-7-1984 issued by the Admission Committee, M.L.N.R. Engineering College, Allahabad (Annexure 2 to the writ petition). In the said interview card in first para it was clearly stated as follows : - "I am glad to inform you that you have been selected for interview for admission to First year B.Arch course for the session 1984-85 on the basis of your performance amongst the candidates of the above category in the Combined Entrance Examination 1984. The total number of seats available in this category is 6. Your merit position is 12." It was also stated that he was required to report to the office of the undersigned at Allahabad on the reporting date mentioned above (18-7-1984), interview date being 19-7-1984. The petitioner appeared on that date for interview but was told for the first time that as the petitioner did not obtain 55% marks in the Intermediate Examination, hence he could not be selected for admission. The petitioner has, therefore challenged his refusal and has sought for Writ of Mandamus directing the respondents to admit the petitioner to B.Arch Course.
(2.) We have heard Sri Shyam Narain, learned counsel for the petitioner, Sri R. K. Agarwal for the M.L.N.R. Engineering College, Allahabad and Sri N. L. Ganguly, learned Standing Counsel, for the respondents. The learned counsel for the petitioner has urged that before the petitioner appeared for the interview there was no information given to the petitioner or to any other candidate that the candidates would be eligible to appear in the B. Arch Course only if they have obtained 55% marks in the Intermediate Examination with Physics, Chemistry and Mathematics. The petitioner appeared in the examination and was declared successful also, although his position was 12 amongst the reserved candidates of B.Arch course and he was also issued the interview card (Annexure 2 to the petition). In that also as stated above, it was clearly specified that the petitioner was declared successful. Before the date of interview no information was furnished to the petitioner, or to any other candidate that minimum percentage of marks is 55% at the Intermediate Examination either through the newspapers or through any leaflet. Hence later on once the petitioner has passed the examination and this was admitted by the Examination Committee also, the petitioner cannot be declared to be not eligible for admission to B.Arch Course, simply on the ground that he did not obtain 55% marks in the Intermediate Examination. It is also admitted by the parties that the petitioner has obtained 55% marks in the B.Sc. Examination from the Allahabad University. Under the circumstances the Government College of Architecture, Lucknow and the Lucknow University was estopped from asserting that the petitioner did not fulfil the conditions for admission or for being declared successful.
(3.) Under the facts and circumstances of the case the principle of equitable estoppel was applicable to the present case and hence it was urged by the counsel for the petitioner that the respondents may be directed by a writ of Mandamus to declare the petitioner successful.;