VINEET SARAN, J. - (1.) ON 29.6.2009 after hearing learned counsel for the parties at length, the following order had been passed: "Heard Sri Mithilesh Kumar Tiwari, learned counsel for the petitioner as well as learned Standing counsel for Respondent no.1, Sri Viqar Ahmed Ansari for Respondents no.2/3 - Priya Darshani College of Computer Science and its Principal (hereinafter referred to as the College) and Sri Neeraj Tiwari for Respondent no.4-U.P.Technical University (hereinafter referred to as the University). Pleadings between the contesting parties have been exchanged and with consent of the learned counsel for the parties, this writ petition is being disposed of at the admission stage.
(2.) THE case of the petitioner is that he had applied for admission in 3rd Semester Course of Computer Science in the Respondent-College. The admitted facts are that admission to the 3rd Semester of the said Course is granted directly to the students who have 60% and above marks in B.Sc. with Maths as a subject. The petitioner approached the Respondent-College and filled up the form in which he had clearly declared that he was awarded 56% marks in B.Sc. with Maths as a subject. The admission form filled up by the petitioner has been filed as Annexure-C.A.2 to the counter affidavit filed by the Respondent-University, which is the examining body. After the petitioner had filled up the admission form, the respondent-college granted admission to the petitioner and accepted the fees of Rs. 500/- plus Rs. 57,250/- on 10.9.2007 and another amount of Rs. 1,965/- on 14.9.2007. Although it is the case of the petitioner that at the time of granting admission, the respondent-college had taken a donation of Rs. Two lacs from him for granting such admission but since the same is not substantiated by any proof of having paid the said amount, this Court is not taking the same into consideration. After being granted admission, the petitioner attended the classes conducted by the college. However, at the time of the examination he was informed by the college that his admission to the 3rd Semester Course has been rejected by the University on the ground that the petitioner had below 60% marks in the B.Sc. Examination. This writ petition has thus been filed with the prayer to permit the petitioner to appear in the 3rd Semester examination of the said Course conducted by the University through the respondent-College. The alternate prayer made is to pay compensation of Rs. Ten lacs to the petitioner for the harassment and loss suffered by him.
(3.) THE respondent-college, in its counter affidavit, has stated that since the petitioner did not possess the qualifying 60% marks at the graduation level which was discovered by the respondent-college later on, hence the examination form of the petitioner had been rejected. It is stated by the respondent-college that the college has refunded the fees of Rs. 59,750/- paid by the petitioner and thus the college has no liability. It is not understood as to how the petitioner was granted admission by the respondent-college when the petitioner had clearly declared in the admission form that he had 56% marks in B.Sc. examination. The respondent-college even sent the examination form of the petitioner to the University. The college cannot say that it came to know of the ineligibility of the petitioner for grant of admission after the examination form was rejected by the University, as it was their duty to have checked the eligibility of the petitioner at the time of granting admissioin. ;