JYOTIRMAY BHATTACHARYA, J. - (1.) CONSIDERING the urgency involved in this mandamus appeal, we have taken up this mandamus appeal for hearing in presence of the learned counsel of the parties by treating it as on the day's list.
(2.) THERE are as many as twelve appellants before us. Admittedly, they 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 students on the basis of their 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 appellants were allowed admission in an engineering college, namely ABACUS Institute of Engineering and Management on the basis of their result of the Senior Secondary Examination (10+2). After taking admission in the engineering course they applied for getting themselves registered with the West Bengal University of Technology. The West Bengal University of Technology refused to register them as students in the said University as their admission was illegal being not in conformity with the notification dated 18th June, 2014. The appellants were, thus, not permitted to appear in the first semester examination. Admit Cards were also not issued to them by the University concerned.
(3.) IT is only when the first semester examination commenced, the appellants 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. They prayed for an interim order for permitting them to appear in the first semester examination. The learned Trial Judge after considering the legality of their admission in the said college refused to permit the appellants 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 petitioners. As on today, practical examination is over and the examination of two theory papers in the first semester has also been completed. We are considering this appeal in this back ground.;