Shivakant Prasad, J. - (1.) The appellant has assailed the impugned judgment dated 18.11.2016 passed in W.P. No. 25333(W) of 2016 (Ishita Patra vs. Maulana Abul Kalam Azad University of Technology and Ors.) by rejecting the prayer of the petitioner to quash, set aside, recall or rescind the impugned letter dated 26th of October, 2016 and claim of the petitioner to allow her in the first semester's examination as a student of B. Tech Course at College of Engineering and Management, Kolaghat, inter alia, on the grounds that the learned Judge erred in law and in fact by not considering the eligibility criteria that only in case of Jadavpur University the candidate has to obtain pass mark in theory and practical individually whereas in cases of other institution the eligibility criteria of B. Tech Course does not require any individual pass marks and only requirement is the individual pass marks in physics, chemistry and mathematics as compulsory subject including theory and viva-voice which the appellant already obtained in the Higher Secondary Examination 2016.
(2.) The appellant appeared in the joint entrance examination and was successful as an eligible candidate for counseling in B. Tech Course before admission in the concerned college upon verification of mark sheet. It is submitted on behalf of the appellant that the appellant had filled up the form by mentioning that she had obtained pass marks in chemistry and on the basis of online respondent authority admitted her provisionally by accepting a sum of Rs. 20,000/- (twenty thousand) on verification of mark sheet at the reporting centre of Vidyasagar University on 07.07.2016. It is further submitted that the action taken by the university is contrary to the admission process conducted by West Bengal Joint Entrance Examination Board and the concerned university cannot by-pass the examination process.
(3.) The appellant challenged before the writ court the letter being No.CEM/D/Regn/2016 dated 26th October, 2016 of College of Engineering Management, Kolaghat informing the appellant that University has cancelled registration after physical verification of her documents debarring her from continuing her course in Engineering for the reason that she has not obtained pass mark in Chemistry in HS (10 + 2) 2016 examination but the learned judge turned down the prayer of the petitioner/appellant by referring to Clause 10.1.4 of Brochure of the Board for the relevant examination with the following observation:- Since the petitioner did not pass the Chemistry paper as appearing from her Higher Secondary Examination mark sheet, it cannot be said that the authorities had acted on the basis of disclosed documents and therefore, are stopped from contending basis and was subject to the scrutiny of the documents have found that the petitioner did not pass in Chemistry paper and therefore, is not entitled to the admission. The University informed the College authorities, who in turn had issued the impugned letter stating that the petitioner is not entitled to continue with hear/her studies. Since the college authorities have agreed to make over the admission fees received from the petitioner at the time of admission, it would be proper to direct the college authorities to refund the same within seven days from date. The petitioner is at liberty to collect the same from the College authorities. It has come to the notice of the Court from the documents annexed to the writ petition that, there are websites in the Internet, which are making representations contrary to the Brochure of the Board. It is expected that the Board takes appropriate measures against such websites. The Board ought not to await a direction from a court to take measure against the websites it finds to be misrepresenting the Board. It would be appropriate for the Board authorities to take action as and when they come across such materials either in the Internet or otherwise.;