IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P. No. 19626 of 2008 DATE OF DECISION: January 06, 2009 Amit Kumar & Others .........PETITIONER(S) VERSUS Punjab Technical University & Others ......RESPONDENT(S) CORAM: HON'BLE MR. JUSTICE AJAI LAMBA Present: Mr. Inderjit Kaushal, Advocate, for the petitioners. Mr. Amrit Paul, Advocate, for respondent no. 1. Mr. K.R. Dhawan, Advocate, for respondent no. 2. AJAI LAMBA, J. (ORAL) Petitioners, 8 in number, have approached this Court under Article 226 of the Constitution of India for issuance of a writ in the nature of certiorari quashing order dated 11.11.2008 (Annexure P-3) passed by Punjab Technical University (respondent no.1). Perusal of the impugned order indicates that on checking the eligibility of M.Sc. (IT) students i.e. the petitioners who took admission for academic session 2008-09, were found not eligible as they had not studied mathematics either at 10+2 level or graduation level. Learned counsel for the petitioners states that the petitioners admittedly have not qualified the subject of mathematics at 10+2 or graduate level as per the eligibility criteria for admission to M.Sc. (IT), C.W.P. No. 19626 of 2008 -2- however, they at this juncture can appear in exam and pass the course. Learned counsel further contends that during the last academic session, the three persons named in para no. 5 of the petition were allowed to complete the course. Even those persons had not passed mathematics subject either at 10+ 2 level or graduate level. No other contention has been made. Learned counsel for respondent no. 1 in the context of the persons earlier admitted without passing mathematics in 10+2 or graduation has contended that the criteria prescribed had never been relaxed. After this fact has been pointed out in this petition, the cases of the three persons named, have been examined and it has been found that they were wrongly adjudged to be eligible for the admission for the session 2007-08. The eligibility of the said three students for admission to M.Sc. (IT) is now under review of University Authorities. The stand of respondent no. 1 further is that there is no provision that allows relaxation of the criteria. It has also been submitted that the requirement of passing mathematics subject at 10+2 level or graduation level is relevant for the course M.Sc. (IT). I have considered the contention of learned counsel for the parties. Annexure P-1 is a notification for admission to Non AICTE course in Punjab Technical University, Jalandhar which was issued on 28.06.2008. The condition for relevant course at issue reads under:- “M.Sc. (IT) All those candidates who have passed any recognized bachelor's degree of minimum three years duration C.W.P. No. 19626 of 2008 -3- with Mathematics / Statistics / Business Mathematics / Business Statistics / Quantitative Techniques as compulsory / optional / additional paper one of the subjects either at 10+2 or at graduate level.” It seems that the petitioners having passed Bachelor's degree applied for admission to M.Sc. (IT) during academic session for the year 2008-09 in CIIS-ISD Institute of Science and Technology, Mohali i.e. respondent no. 2. The petitioners were given admission and fees was accepted by the college. The petitioners started attending classes of first semester in August 2008. The original documents were submitted with the college for eligibility verification/check up. After the university checked the eligibility criteria, the impugned order has been passed on 11.11.2008. It is not in dispute that the Punjab Technical University, Jalandhar i.e. respondent no. 1 vide its notification Annexure P-1 clearly stipulated that the candidates who had passed the mathematics subject either at 10+2 level or graduation level only would be eligible to seek admission for M.Sc. (IT) course. Further learned counsel for the petitioners has not been able to point out any rule or regulation which would enable respondent no. 1 to relax the criteria. In such facts and circumstances the condition of passing Mathematics at 10+2 level or graduation level was a condition precedent. The notification nowhere provides that the subject can be passed after joining M.Sc. (I.T.) Course. So far as parity with others is claimed, even if some persons took admission in M.Sc. (IT) course without being eligible, it would not give any C.W.P. No. 19626 of 2008 -4- right to the petitioners to admission as they are clearly ineligible. The petitioners cannot claim equality in illegality. So far as the relevance of the passing of mathematics subject at 10+2 level or graduation level for admission to M.Sc. (IT) course is concerned, I am of the considered opinion that mathematics subject is relevant for a student to seek admission to M.Sc. (IT) course. In view of the facts and circumstances of the case given hereinabove, no ground for interference is made out. The impugned action is neither illegal nor irrational and does not call for judicial review. The impugned order Annexure P-3 has been passed by a competent authority and is in conformity with the eligibility criteria. Petition dismissed. 06.01.2009 (AJAI LAMBA) shivani JUDGE