Arun Tandon - (1.) -Heard Sri K. S. Mishra, learned counsel for the petitioner. Learned Additional Solicitor General of India on behalf of respondent No. 1, standing counsel on behalf of respondent No. 2, Sri Vidyarthi, advocate on behalf of respondent No. 3 and Sri Tarun Verma, advocate on behalf of respondent No. 4.
(2.) THE petitioner after passing her Intermediate examination applied for being considered for admission to B.Com., three years degree course in Chaudhary Mahadev Prasad Degree College (here-in-after referred to as 'C.M.P'. Degree College). THE College is a constituent College of the University of Allahabad, which has been declared to be a Central University under Act No. 26 of 2005. THE College conducted an entrance examination commonly known as C.M.P.A.G.U.T., 2006/07 for admission in various under graduate degree courses including B.Com. The question paper was objective with multiple choice question. The student concerned was required to answer the same on O.M.R. Sheet. The petitioner appeared in the entrance examination she was allotted roll No. 81118 and was issued answer booklet bearing No. 1103. It is on record that the petitioner secured 174 marks in the said examination. The result of the examination was declared in the Newspaper Amar Ujala dated 20.7.2006. A copy of the result has also been enclosed as 'Annexure-4' to the writ petition. From the results so declared it is apparent that the candidates with total marks 240 to 290 in the general category were required to report for admission on 1 and 2 August, 2006. It was provided that in case any seats still remain vacant candidates with maximum marks 189 to 182 (1st wait list) within the general category may report for counselling and admission on 3rd August, 2006 and thereafter the candidates marks 181 to 186 (2nd wait list) may report for counselling and admission on 4th August, 2006. According to the said advertisement the candidates securing less than 176 marks in the examination were not to participate in the counselling and, therefore, not entitled to admission. However, students with total 94 marks have been admitted to B.Com. Course by the College ignoring the claim of the petitioner. In Paragraph 4 of the counter-affidavit filed by respondent No. 4, it has been stated that since the petitioner had secured 174 marks she was not invited for counselling or admission in view of the publication of the result referred to above.
(3.) IN Paragraph 5 of the counter-affidavit filed on behalf of the C.M.P. Degree College it has been stated that after the on line admission were closed on 4th August, 2006, in respect of general category candidates certain seats still remained vacant and, therefore, a notice was published on the notice board of the institution informing the students that those still interested in admission to B.A., B.Com. and B.Sc. degree course may approach the College on 11.10.2006. In these set of facts the petitioner who had secured 174 marks prays for a writ of mandamus commanding the respondents to admit the petitioner in B.Com three years degree curse of 2006-07.;