DILIP GUPTA,J. - (1.) THE petitioner has sought the quashing of the order dated 24th September, 2008 by which his admission in Cutting and Tailoring Trade for the year 2008-09 in the Advanced Training Institute, Udyog Nagar, Kanpur (hereinafter referred to as the 'Institute') was cancelled.
(2.) IT is stated that the petitioner had submitted an application seeking admission to the aforesaid technical course in the Institute for the academic year 2008-09. The petitioner was called for interview on 25th August, 2008 and was ultii nately selected for the training. However, on 5th September, 2009, the petitioner was informed that he should not attend the training as his merit had been wrongly calculated. Feeling aggrieved, the petitioner approached this Court by filing Writ Petition No. 48180 of 2008 which was disposed of by judgment and order dated 15th September, 2008 with a direction that the Institute shall permit the petitioner to attend his classes and in case there is any discrepancy, the Institute shall be free to pass an order in writing after affording opportunity to the petitioner. The Court made it clear that the said permission was granted to the petitioner subject to the decision to be taken by the Institute.
(3.) THE petitioner sent a copy of the order to the Institute and it is the case of the Institute that the petitioner was subsequently called and explained why his admission was cancelled and the letter containing the reasons was also sought to be served upon him but as he refused to receive it, another letter was sent by Registered Post on 10th October, 2008 enclosing the earlier letter which he refused to take. The reasons given in the letter for cancellation of his admission are as follows: "(1) Your High School Marks is only 46.82% as per your High School Marks sheet, whereas due to clerical mistake it has been calculated as 96.83%, due to which your qualifying marks became 69.13% in place of your actual qualifying marks which is only 46.47%, so your position in merit comes far below that of the last candidate admitted in the general category. It is brought to your notice that last candidate who was admitted in the general category is possessing qualifying marks of 68.2%. (2) In your Application form you are showing your experience from 21.3.2005 to 4.6.2008 which is over lapping with the period in which you completed your Intermediate qualification as a regular candidate from 2005 to 2007 as per your Intermediate certificate. It clearly shows that your experience certificate is false. (3) It is also brought to your notice that it is clearly mentioned in our call letter that if any discrepancy in qualifying mark is found at the time of admission, your merit may change accordingly and you may or may not be selected for the admission. (4) At the time of admission merit list was shown to you while verifying your documents but in spite of knowing that your High school marks is wrongly entered, you did not inform or brought it to the notice of admission committee. (5) Your admission fees will be returned to you in case you apply for it." ;