JYOTIRMAY BHATTACHARYA, J. - (1.) CONSIDERING the urgency involved in this mandamus appeal, we have taken up this appeal for hearing in presence of the learned counsel of the parties by treating it as on the day's list.
(2.) ADMITTEDLY , the appellant did not appear and/or qualify either in the West Bengal Joint Entrance Examination or in the All India Engineering Entrance Examination. The practice of admitting such student on the basis of his results in the Higher Secondary Examination in the seats which remain vacant after the candidates selected in those competitive examinations are all admitted, was discontinued since 2014 by virtue of the notification being no. 268/Edn(T)/4E - 10/12 dated 18th June, 2014. But still then the appellant was allowed admission in an engineering college, namely, Dr. Sudhir Chandra Sur Degree Engineering College on the basis of his result of the Senior Secondary Examination (10+2). After taking admission in the engineering course he applied for getting himself registered with the West Bengal University of Technology. The West Bengal University of Technology refused to register him as a student in the said University as his admission was illegal being not in conformity with the notification dated 18th June, 2014. The appellant was, thus, not permitted to appear in the first semester examination. Admit Card was also not issued to him by the University concerned.
(3.) IT is only when the first semester examination commenced, the appellant approached the Writ Court by challenging the legality and validity of the notification being no. 268/Edn(T)/4E -10/12 dated 18th June, 2014. He prayed for an interim order for permitting him to appear in the first semester examination. The learned Trial Judge after considering the legality of his admission in the said college refused to permit the appellant to appear in the first semester examination. The learned Trial Judge also held that the writ petition deserves no merit for consideration. Accordingly, the writ petition was also rejected giving rise to this mandamus appeal at the instance of the writ petitioner. As on today, practical examination is over and the examination of two theory papers in the first semester examination has also been completed. We are considering this appeal in this background. We find some substance in the submission of Mr. Joydeep Kar, learned Counsel, appearing for the appellant that the learned Trial Judge ought not to have disposed of the writ petition without considering the merit of the grounds of challenge raised in the writ petition. On perusal of the impugned order we do not find any discussion on the merit of the grounds made out by the writ petitioner in the writ petition regarding the legality and/or validity of the notification being no. 268/Edn(T)/4E -10/12 dated 18th June, 2014. As such, we feel that the writ petition is required to be reconsidered by the learned Trial Judge afresh in the light of the challenge which is raised by the writ petitioner therein, but at the same time we agree with the learned Trial Judge on the issue regarding the petitioner's right of participation in the semester examination at this stage as we find that the admission of the appellant in the said course is not only irregular but also illegal as his admission was not made in conformity with the said impugned notification.;