Tapen Sen, J. - (1.) PETITIONER No. 1, Kaushik Saha is the son of the PETITIONER No. 2, Ramesh Chandra Saha. They have prayed for quashing the Order dated 25.11.2009 (Annexure-P/12A at page 73) issued by the Respondent No. 5 (Vice-Chancellor, West Bengal University of Technology) whereby and whereunder he held that Registration to the PETITIONER No. 1 cannot be granted. The grounds assigned in rejecting the PETITIONER?s prayer were as follows:- a) Kaushik Saha did not secure any rank in the Joint Entrance Examination for lateral entry- 2007 (JELET) as required and prescribed by the State Government vide G.O. No. 122-Edn.(T) dated 20.3.2007 in accordance with AICTE Regulations 1992 published in the Gazette of India dated 11.7.1992; b) the Diploma holder candidates who seek admission to the Engineering Degree programme through lateral entry are fully aware of the Rules and Regulations pertaining to such admissions and therefore, "it cannot be appreciated" that Kaushik Saha was not aware of the eligibility conditions of lateral entry; c) Kaushik Saha was allowed to sit in the examinations on provisional basis and his Admit Card clearly mentioned that it would not confer any right upon him in the matter of publication of results which would be subject to obtaining regular Registration number.
(2.) THE Petitioners have also prayed for an Order commanding upon the Respondents not to interfere or disturb his admission in the B.Tech (EC), Session 2007-10. The Petitioners have stated that the Petitioner No. 1 (hereinafter and for the sake of convenience, referred to at places by name as Kaushik Saha and at other places as the Petitioner No. 2), is a student of final year (4th Year) 7th semester course of the B.Tech (Electronics and Communication Engineering [EC]) for the session 2007-10 which is being pursued in the Bengal Institute of Technology and Management (Respondent No. 2). It has been stated that the said Respondent No. 2 conducts other courses from its campus under the approval of the All India Council for Technical Education (Respondent No. 8). The Institute (Respondent No. 2) is affiliated with the West Bengal University of Technology. By an advertisement published in various parts of the country including Tripura, of which Kaushik Saha is a permanent resident, the Petitioners came to learn that the Respondent No. 2 intended to take admission of students in the B.Tech (EC) Engineering courses of study for the session 2007-10. Having completed his secondary examination in the year 2001 and also having completed a three-year diploma course in electronics and communication engineering conducted by the Department of Technical education, Govt. of Karnataka, Kaushik Saha applied. Considering his academic qualifications and Certificates, he was offered admission in the 2nd Year (3rd Semester) of the said course. The Petitioner has stated in para-15 that he was given to understand that since he had already completed the three-year diploma course in Electronics and Communication Engineering conducted by the State Technical Board, Karnataka, he was therefore eligible for lateral admission in the B.Tech (EC) Engineering in the 2nd Year 3rd Semester conducted by the Respondent No. 2. Not suspecting any foul play, Kaushik Saha accepted the offer of admission. On 27.7.2007, the Respondent No. 2 admitted him in the 2nd Year, 3rd Semester, B.Tech (EC) Course for the session 2007-10 against payment of admission and tuition fees as well as on payment of other charges. It has been stated that thereafter, he submitted his Migration Certificate in relation to the diploma which he had received in the State of Karnataka vide Annexure-P/4. The Petitioners were informed by the Office of the Respondent No. 2 that all documents for registration had been duly forwarded alongwith registration fees to the West Bengal University of Technology and that its Office was pursuing the matter for collection of the registration Certificate.
(3.) IN the meantime, Kaushik Saha continued his classes as he had been admitted in the 2nd year 3rd Semester. He completed both the 3rd and the 4th Semester and appeared in the examination also. The 5th Semester examinations were notified to be held in December 2008 in the campus of the Respondent No. 4 and the Controller of Examinations issued a provisional Admit Card (Annerxure-P/6) in the name of the Petitioner No. 2 being Admit Card serial No. 0191007 showing his Registration number as TR-DK-042 of 2007-2008; Roll No. 5001 for the session 2007-2010 for the B. Tech Semester V examinations in electronics and communication engineering in the year 2008.;