Aparesh Kumar Singh, J. - (1.) Heard learned counsel for the parties.
(2.) Petitioner herein has approached this Court on cancellation of her provisional admission in Master in Urban Planning(MUP for short) for the session 2012-14 by the impugned notice dated 2.11.2012 (Annexure-4) issued by the Respondent Birla Institute of Technology(BIT), Mesra for failing to secure minimum 60% marks in qualifying examination of Bachelor in Architecture(B.Arch in short). The Respondent BIT being a deemed University under the U.G.C. Act, 1956 follows the admission criteria where in for the instant course minimum qualifying marks of 60% is prescribed for General category students while 55% marks for the Sponsored category students. The Sponsored category candidates are those who are employee in recognised Educational Institutes / Universities/ Colleges or in Government/Defence/Research Laboratories or in Industry etc. Such candidates should have normally 2 years of experience and are required to submit their application in prescribed format along with a letter of sponsorship from their Organization.
(3.) Petitioner was a appearing candidate in the B.Arch. Final year examination from Kavi Kulguru Institute of Technology and Science, Nagpur. Such appearing candidates were allowed to face the entrance test conducted by the Respondent BIT and were also provisionally admitted in MUP course subject to their obtaining the prescribed minimum qualifying marks of 60% for the General Category candidate. Petitioner apparently fetched 58.64% marks in the B.Arch. Course. That is why her provisional admission was cancelled by the impugned notice. Then she approached this Court in the present application on 5.11.2012 complaining that she would be denied permission to appear in the examination of First Semester of MUP course for the session 2012-14 on account of cancellation of her provisional admission. The learned Co-ordinate Bench of this Court by the order of the same date was pleased to allow the petitioner to provisionally appear in the First Semester examination of MUP course. However it was made clear that petitioner's result of the said examination shall be subject to the result of writ petition. Petitioner again approached this Court in the instant matter through I.A. No.3474 of 2012 seeking declaration of result of First Semester examination and permission to pursue studies in the Second Semester course. Learned Co-ordinate Bench of this Court vide order dated 9.1.2013 was pleased to direct the Respondent BIT to declare her result of First Semester of the MUP Course and if she has cleared the same, she shall be admitted in the second semester course provisionally, subject to the final outcome of this writ petition. Petitioner also sought permission to move an application for impleadment of AICTE, which was formally moved thereafter through I.A. No. 268 of 2013 and allowed vide order dated 20.2.2013. On being impleaded, AICTE was noticed to appear. She again approached this Court in the present matter through I.A. No. 3484 of 2013 seeking directions upon the Respondent BIT to publish the result of the Second Semester of MUP Course and also to allow her to take registration for Third Semester MUP Course. Taking note of the background fact and the fact that AICTE after its impleadment had not yet appeared and the issue raised herein is awaiting adjudication, by the order dated 1.7.2013 petitioner was provisionally allowed to appear in course subject to the final outcome of the writ petition. It was however also made clear that she would not claim equity in her favour on final adjudication of the writ application. Petitioner has completed the 2 years MUP Course for the Session 2012-14, final examination of which were held in June 2014. The Respondent BIT reportedly has also shown her result in the website as having passed but the final degree has not been issued. Petitioner therefore made a prayer through I.A. No. 4087 of 2016 for early hearing of the writ petition or in the alternative to direct the Respondent BIT to declare her final result and issue the certificate.;