- (1.) VINEET Saran, J. By means of this writ petition the petitioner has prayed for a direction in the nature of mandamus commanding the respondents to give him admission in B. Sc. (Mathematics ).
(2.) IT is the case of the petitioner that he appeared in the admission test and had obtained 81 marks. He had given three preferences. The first preference was for Physics, Chemistry and Math; the second preference was Physics, Statistics and Math; and the third preference was for Physics, Math and Photography. As per his merit, the petitioner was offered the subjects of his third preference. A specific condition for admission in B. Sc. as given in the prospectus was that the annual fees of Rs. 1074/- would be required to be deposited by the candidate at the time of seeking admission, and in case if the candidate seeks admission with Photography as a subject, he would be required to deposit an extra fees of Rs. 2000/ -. Admittedly the petitioner did not deposit the requisite fees for admission in B. Sc. with Physics, Math and Photography as the subjects. However, thereafter he changed his mind and has filed this writ petition with the prayer for a direction to grant him admission in B. Sc, on the ground that the candidates below him in merit have been granted admission. I have heard Sri Ramakant Tiwari, learned Counsel for the petitioner as well as Sri A. B. L. Gaur, learned Senior Counsel appearing for the respondent-University and have perused the record. Pleadings have been exchanged between the parties and with consent of learned Counsel for the parties, this writ petition is being disposed of at this stage. The case of the respondent-University is that after the petitioner refused to seek admission in B. Sc, he surrendered his fee counterfoil as well as the intimation card and took back his transfer certificate and other certificates and as such, admission was then given to the next candidate in the order of merit. It was only after the admission was closed that the petitioner returned back asking for admission in B. Sc. with the subjects offered earlier. It is not the case of the petitioner that he was prepared to deposit the fees immediately after having been offered admission in B. Sc. with Physics, Math and Photography as the subjects. His own case is that he was initially not prepared for depositing Rs. 2000/- extra for Photography subject, and had only sought time for depositing the same. The said explanation appears to be an after thought because if that was so then he would not have returned the fee counterfoil as well as the intimation card and taken back his transfer certificate, etc. Alongwith the counter-affidavit, the respondent-University has enclosed the counterfoil and other papers returned by the petitioner for taking back his transfer certificate and other papers, meaning thereby that he voluntarily forfeited his claim for admission in the said course. It was only thereafter that the University had given admission to some other candidate, who may be lower in merit than the petitioner. As such, in the aforesaid circumstances, once the petitioner had given up his chance of seeking admission when offered to him, and some other candidate had sought admission in his place, he cannot now turned around and claim that he is entitled to admission as by then the seat had already been filled up.
(3.) THE other important ground for refusing to interfere in this writ petition is the report of the Chairman of the Admission Committee submitted on 17-8-2006. In the said report it has been categorically mentioned that after the admission was closed, the petitioner, alongwith some other persons, came and misbehaved with the Chairman and Members of the Admission Committee and also threatened them. THE Chairman and Members of the Admission Committee are Senior Members of the faculty and there is no reason for this Court to disbelieve their report. In such facts, this Court would not be inclined to exercise its extra ordinary discretionary jurisdiction in favour of a person who has misbehaved with the members of the Admission Committee. For the foregoing reasons, this writ petition is dismissed. No order as to costs. Petition dismissed. RAJESH .;