Uttarakhand High Court
WPMS/1151/2020 on 28 September, 2020
Author: Manoj K. Tiwari
Bench: Manoj K. Tiwari
WPMS No. 1151 of 2020 Hon'ble Manoj K. Tiwari, J.
Mr. Nadeem Qureshi, Advocate for the petitioner.
Mr. Vipul Sharma, Advocate for the respondent.
Heard learned counsel for the parties through video conferencing.
Petitioner is serving in Indian Army as Lieutenant Colonel. He possesses M.C.A. degree besides other qualifications. According to him, his name was sponsored by Directorate General of Military Training for admission to I.I.T. Roorkee in either of the following courses (i) Geomatics and (ii) Computer Science.
Petitioner was denied admission in either of the aforesaid two courses on the ground that essential qualification required for admission in these two courses is Bachelor's Degree in Civil Engineering/ Electronics Engineering/ Electrical Engineering/ Computer Science/ Information Technology/ Marine Engineering/ Mining Engineering/ Environmental Engineering etc.; whereas, petitioner does not possess any of these qualifications.
By means of this writ petition, petitioner has sought following reliefs:-
"a) an appropriate writ/order/ direction, including Writ of Mandamus be issued directing the respondent to accept the petitioner's manual application form (hard copy) as online application form as required by the IIT, Roorkee for seeking admission in M.Tech or to give an extension of time for filling the online form for seeking admission in M.Tech;
b) further appropriate writ/order/ direction, including Writ of Mandamus be issued directing the respondent to consider the petitioner's candidature valid for seeking admission in M. Tech (Geomatics) as MCA degree has been approved as equivalent degree by the concerned authority;
c) Further appropriate writ/order/ direction, including Writ of Mandamus be issued directing the respondent to stay the admission process in M. Tech, in favor of the petitioner, till the disposal of this writ by this Hon'ble Court in the interest of Justice."
After arguing for a while, learned counsel for the petitioner submitted that petitioner's name has now been sponsored by the Competent Authority in Ministry of Defence for admission in M.Tech (Disaster Mitigation & Management) Course. In support of this contention, learned counsel for the petitioner placed reliance upon Annexure RA-2 to the rejoinder affidavit.
Mr. Vipul Sharma, learned counsel appearing for I.I.T. Roorkee, however, submits that the document, on which petitioner's counsel has placed reliance, does not indicate the name of the office, which issued the said letter. He also submits that number of the said letter is also not mentioned. He further submits that the said letter bears the date of 06.08.2020, which shows that the same was issued after the last date of submission of application for admission in I.I.T. Roorkee.
Mr. Vipul Sharma, learned counsel for the I.I.T. Roorkee however fairly submits that two seats in M.Tech (Disaster Mitigation & Management) Course are still lying vacant.
Having regard to the fact that petitioner is an Army Officer, whose name was sponsored by the Army Heard Quarters for admission in I.I.T., Roorkee, this Court is of the considered opinion that petitioner's claim for admission deserves due consideration by the Competent Authority in I.I.T., Roorkee.
Mr. Vipul Sharma, learned counsel for the I.I.T. Roorkee assures the Court that if petitioner makes a representation, the same shall be considered by the Competent Authority, in accordance with law.
Accordingly, the writ petition is disposed of with liberty to petitioner to make representation to Director, I.I.T. Roorkee within one week from today. If such representation is made within stipulated time, Director, I.I.T. Roorkee shall consider petitioner's claim for admission and pass appropriate order, in accordance with law, within ten days from the date of receipt of such representation alongwith certified copy of this order.
(Manoj K. Tiwari, J.)
Arpan 28.09.2020