TARUN AGARWALA,J. - (1.) PENDING declaration of the graduation results by Dr. B.R. Ambedkar University, Agra, the petitioner applied for admission in the MBA Course in Aligarh Muslim University, Aligarh. The minimum qualification required for this course is, a Bachelor's Degree with at least 50% marks in aggregate. The petitioner was permitted provisionally to appear before the Interview Board for admission, subject to the undertaking that the petitioner would produce the mark sheet of the qualifying examination in original on the date of the interview, failing which, the admission would stand cancelled automatically. An undertaking to this effect was given by the petitioner on 11th May, 2009.
(2.) IT transpires that the petitioner appeared before the Interview Board, pursuant to which, the Admission Committee issued a letter dated 27th of June, 2009 indicating that the petitioner was provisionally selected for admission and that she should appear on 8th of July, 2009 for verification of her eligibility for admission in the MBA Course. The petitioner was required to produce proof of her qualifying examination. It transpires that the petitioner's result was not declared by Dr. B.R. Ambedkar University till 8th of July, 2009, and consequently, when the petitioner appeared before the Admission Committee on 8th of July, 2009, she had not passed the qualifying examination, as a result of which, the Admission Committee denied the admission to the petitioner in the MBA Course, and the seat was offered to the next candidate. It transpires that the petitioner's result was declared by the said B.R. Ambedkar University, Agra, on 10th of July, 2009, and armed with a mark sheet, the petitioner again approached the Admission Committee praying that she now possesses the mark sheet and since her name was found in the merit list, and since the admission process is still going on, the petitioner should be given an admission in the MBA Course. The Admission Committee refused to admit the petitioner, and accordingly, the present writ petition was filed praying for a writ of mandamus commanding the respondents to give admission to the petitioner in the MBA Course for the Academic Session 2009-2010.
(3.) THE learned counsel for the petitioner submitted that the last date for admission is 13th of August, 2009, and that, the admission process is still going on. The learned counsel further submitted that since the petitioner's name was found in the select list, the petitioner should be given a preference from those students who are kept in the waiting list and who are now being admitted by the University in the MBA Course.;