Ajay Rastogi, J. - (1.) JOINT petition has been filed assailing communication dt. 6th/8th December, 2008 (Ann.9 & 10) whereby they were informed about their admission in B. Tech. -II (Lateral entry) being not confirmed by Coordinator LEEP -2008 (respondent -2).
(2.) BOTH the petitioners did their B.Sc. With Mathematics, Physics & Chemistry from Dr. Bhimrao Ambedkar University, Agra as is evident from mark sheets (Ann.1 & 2). However, they applied for admission in 2nd year B.E (Computer Science) (lateral entry) for academic session 2008 -09 by getting themselves registered with Compucom Institute of IT & Management, Jaipur (respondent -3) and were given provisional admission but their admissions were not confirmed by respondent -2 - Coordinator LEEP -2008, as conveyed vide communication dt. 6th/8th December, 2008 (Ann.9 & 10) on the premise that only such candidates can be considered for admission through lateral entry to 2nd year B.E./B.Tech./ B. Pharma if they did B.Sc. (with Mathematics) from Universities in Rajasthan. However, vide interim order dt. 22/12/ 2008, petitioners were allowed to continue their study and vide order dt. 13/01/2009 were allowed to appear in the examination provisionally subject to the decision of the petition. Counsel for petitioners submits that criteria of eligibility laid down by respondents for admission through lateral entry to 2nd year B.E/B.Tech., is that one must hold the degree in Science (B.Sc.) with mathematics as a subject with minimum of 60% marks (55% for SC/ST candidates of Rajasthan) in aggregate; and laying down order of preference for admission has been misconstrued by respondents as a criteria of eligibility for admission; hence the decision of respondents in not confirming their admission on the premise that they have a degree in Science (B.Sc.) from University of Agra; as such are not eligible, is wholly arbitrary and deserves to be set aside.
(3.) RESPONDENTS have filed their reply to the writ petitions and averred that the petitioners having held Degree in Science (B.Sc.) with mathematics as a subject with minimum of 60% marks but from a University other than Universities in Rajasthan, are not eligible for admission through lateral entry to 2nd year B.E.(Computer Science); as such they are justified in not confirming their admission registered by respondent -Institute.;