JUDGMENT

S. Ravindra Bhat, J.

1. The Petitioner invokes the writ jurisdiction of this court and claims a direction to allow her to appear in the third trimester exams to complete her Master in Business Administration (MBA) course.

2. The brief facts necessary to decide this present petition are that the Petitioner pursued her B.Sc (zoology) Hons. from the Indira Gandhi National Open University ("IGNOU"); she appeared in the final examination in July 2006. She appeared in the B-MAT 2006 and GDPI conducted by the Respondent no.1 and secured 164th ranking. She was admitted in March 2006 in the two years MBA course/ programme (hereafter "the course").

3. The lectures/ classes were scheduled to commence from 3.7.2006. The petitioner could not submit her original documents as the B.Sc. results were delayed. A sum of Rs. 2,47,000/- was paid towards admission, out of which Rs.1,50,000/- was charged as the management quota fee. The Petitioner submitted all her documents to Respondent No.1 on 23.3.2007. The course is divided into six trimesters each of 13 weeks for teaching and examination purposes. Trimesters I, II, III together constitute Part -I of the course while trimesters IV, V, VI together constitute Part-II.

4. The Petitioner allegedly attended her classes regularly; she appeared in the first trimester exam and secured about 70% marks. She secured 65% marks in her second trimester exams. She avers about her inability to submit her original documents before 25.8.2006, as the results of IGNOU were delayed. The Respondents did not object in this regard and her name was not included in the list of students who had to submit the documents or complete other formalities till January 2007. The Petitioner submitted that on 10.1.2007 her name appeared in the list of students required to submit documents and complete formalities.

5. The petitioner alleges that she was not allowed to appear in the third trimester exams, held on 9th of May 2007, whereas she had already appeared for the examinations in subjects, held on the 17th of April 2007 and 19th of April 2007. It is averred that no reason or notice was given to her, preventing her from appearing in the examination. The Respondents had verbally stated that she would not be allowed to appear in her 3rd trimester exams. The Petitioner submitted that she had completed all the formalities as required by the college on 23.03.2007.

6. The petitioner had paid her 3rd trimester examination fees of Rs.1145/-, she was also asked to pay an additional sum of Rs.800/- as late fees for non deposit of documents on time. In these circumstances, she seeks the declaration that the respondents should be directed to permit her to complete the third triemester, and pursue the course further.

7. Learned Counsel for the Petitioner Ms. Nandini Sahani submitted that the eligibility conditions as fixed by respondent No.1 for the said course were:

(i) "A graduate with bachelor or Masters Degree from any discipline who has passed with minimum 45 marks in aggregate (40% in case of SC/ST candidates) from a recognized University.

Or

The candidates in the final year Degree (Bachelors or Masters) are also eligible to apply provided they complete their graduation requirements including practical examination, viva, and assignments on or before the day of admission to the institute of their choice. However such candidates will have to produce marks statement of the qualifying examination at the time of counseling. Under no circumstances will an extension of deadline be made. The admission of student will however remain provisional until they produce the other certificates on or before August 25th 2006 failing which admission would automatically stands cancelled.

ii) The candidate should be an Indian National."

8. Counsel urged that the Petitioner had appeared in her B.Sc. exam (theory papers) in June, 2006 and later, her practicals. However, the result was declared in November, 2006 and due to internal pro