- (1.) HEARD the learned counsel for the parties and perused the counter affidavit filed on behalf of the respondents. With the consent of the learned counsel for the parties, this application is taken up for disposal at the stage of admission itself. The petitioner in this application has prayed for issuance of a direction to the respondents to admit the petitioner to the Junior Research Fellowship (JRF) scheme of Ph. D. Programme 2008 in the Faculty of Management Studies under the respondent Indian School of Mines University (ISMU) and also for an order quashing the letter dated 18.8.2008(annexure 6) and the letter dated 21.8.2008 (annexure -7) whereby the petitioner's application seeking his admission has been rejected by the respondent no.4.
(2.) THE facts of the petitioner's case is as follows : (i) An advertisement was issued by the respondents inviting applications by the respondent ISMU from eligible candidates for admission to Research Fellowship in Ph. D. Programme 2008. The advertisement had stipulated categorically that for the Industrial Engineering and Management Discipline, the minimum qualification prescribed is M. Tech/B.Tech. in any branch of Engineering. It also categorically mentioned that the Management Studies is a Management Discipline for which minimum qualification prescribed was MBA/M.Tech/ Industrial Engineering Management /M. Com/M.A. Economics. (ii) The petitioner had applied for Management Studies in management Discipline declaring that he possessed MBA diploma. (iii) in the results of the Entrance Examination at which the petitioner had appeared, he was assessed as selected, though placed at serial no. 7 in the wait list. Such candidates in the wait list could have their chance of admission/absorption if the selected candidate of the main list does not accept the offer of admission. (iv) One candidate, namely Akbar Khan, who had applied in the Discipline of Industrial Engineering and Management and was selected, did not take his admission and consequently, the seat offered to him in the Industrial Engineering and Management Discipline, remained vacant. The petitioner has sought for his admission against the vacant seat which has been refused by the respondents by the impugned letters.
(3.) THE petitioner would refuse to accept the contention of the respondents that there are two branches or disciplines under the department of Management Studies, since, according to him, both the disciplines were emerged together to constitute a common department under the name of Management Studies.;