B.S. Patil, J.— Petitioner is a student presently studying in the 1st semester of Bachelor of Engineering (BE) course in Information Science and Engineering in the 3rd respondent-College. He is admitted to the BE course during the academic year 2007-08. He claims to belong to scheduled caste community of 'MALO' in the State of West Bengal Petitioner has passed his plus-two examination of the West Bengal Council of Higher Secondary Education during 2007 securing in all 132 marks out of 300 in the elective subjects. The break-up of marks obtained by him is Physics 41, Maths 44, Chemistry 47. Thus, in the optional subjects, he has secured overall 44% marks.

2. The 3rd respondent college sought for approval of admission of the petitioner from the 1st respondent-University. The University issued communications dated 27.12.2007 and 07.12.2007 vide Annexures M and K respectively informing that admission of petitioner was not approved as the marks obtained by him in the optional subjects were less than prescribed. The University further stated that the petitioner-student did not fulfill the eligibility criteria in that regard, as per the Government Order in force. Challenging these two