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2008 Supreme(Kar) 797

P.D.DINAKARAN, V.G.SABHAHIT
Sohil Nivas Nireshwalia – Appellant
Versus
Visvesvararya Technological University, Belgaum – Respondent


Advocates Appearing:
Appellant: Sri R.L. Patil, Adv.
Respondents: Ms. Niloufer Akbar, Govt.
Advocate for R-3 and R-4.

JUDGMENT

P.D. Dinakaran, CJ.

The appellant in this writ appeal had filed Writ Petition No. 7748 of 2007 seeking for a writ of mandamus directing the 1t respondent-University to included the subject Statistics in the eligible optionals as per Rule (3) of the Government Order dated 28.02.2006 framed under the Karnataka Education Institutions (Prohibition of Capitation Fees Act) 1984 and also to announce his result and for a further direction to the 2nd respondent-Engineering College to regularize his admission and announce his result with permission to take up the examination by considering statistics as an eligible optional for the next academic year.

2. Learned Counsel for the appellant submits that statistics has to be treated as an optional subject along the with Chemistry, Bio-technology, Computer Science, Biology and Electronics and take the marks obtained by the appellant in statistics for the purpose of calculating the aggregate marks for the purpose of admission to the engineering course. He contends that non-inclusion of statistics from the list of optional subjects for the purpose of Rule 3 is absolutely arbitrary and has no nexus with the object to be achieved by Rule 3. The



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