IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P ( C ) No. 4353 of 2008
Arunava Dutta .... Petitioner
Versus
Indian School of Mines University & Others ...... Respondents
Coram : HON'BLE MR. JUSTICE D.G.R. PATNAIK.
For the petitioner(s) : Mr. Pratiush Lala .
For the respondents Mr. A.K.Mehta.
CAV on 27.4.2009. Pronounced on 12/5/2009.
/ 12.05.2009. 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 & 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.
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(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 & Management and was selected,
did not take his admission and consequently, the seat offered to him in
the Industrial Engineering & Management Discipline, remained vacant .
3. The petitioner has sought for his admission against the vacant
seat which has been refused by the respondents by the impugned letters.
4 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.
5 As explained by the respondents, decision was taken at the
Executive Board level of the respondent ISMU to rename and restructure
the Department of Industrial Engineering & Management Discipline and
pursuant thereto, the Department was renamed as the Department of
Management Studies. However, it cannot be said that on such renaming,
the various disciplines under the Management Studies have been merged.
This is indicative from the fact that each of various disciplines prescribes
specific educational qualification as the eligibility criteria for admission
and it has also been reflected in the Advertisement ( Annexure A) issued
by the respondents inviting applications from eligible candidates.
6 As observed above, for students opting for Industrial
Engineering & Management Discipline, the minimum qualification
stipulated is shown in the Advertisement itself i.e. 1st class M. Tech/B.Tech
in any branch of engineering. On the other hand, minimum qualification
for the Management Discipline does not insist upon a candidate
possessing M.Tech/B.Tech degree in any branch of Engineering. It is not
disputed that the selected candidate namely Akbar Ahmad Khan who
possessed degree in Engineering Branch had sought for his admission to
Research Programme in the discipline of Industrial Engineering &
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Management and since he did not take admission, a vacancy has been
created. Yet, such vacancy can be filled up only by such candidate of the
wait list who had opted for the same discipline and who possessed the
requisite qualification of the said discipline.
7 In response to the advertisement which had specifically
invited separate applications from candidates in respect of the two
disciplines, the petitioner had opted for the discipline of Management
Science on the ground of his possessing the requisite qualification of MBA
degree. It is on this ground that the respondents have refused to fill up the
vacancy created in the discipline of Industrial Engineering & Management
by accepting the petitioner’s candidature. The decision of the respondents
for the reasons assigned in the impugned letters, in my opinion, cannot be
termed irrational or arbitrary.
8 Even otherwise, admittedly, the petitioner’s position in the
wait list is at serial no..7 and there are quite a number of candidates above
him in the wait list who could stake their claim for absorption against the
vacancy on the basis of their fulfilling the eligibility criteria. The mere fact
that the petitioner’s name finds place in the wait list does not create any
right in his favour for his admission to the course offered by the
respondents.
For the aforesaid reasons, I do not find any merit in this writ
petition. Accordingly, this writ petition is dismissed at the stage of
admission itself.
Ambastha/- (D.G.R. Patnaik, J. )