IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R. SUBHASH REDDY, VIPUL M. PANCHOLI, JJ.
TEJASVI ATUL NAHATA - APPELLANTS
Versus
INDIAN INSTITUTE OF MANAGEMENT - RESPONDENTS
LETTERS PATENT APPEAL NO. 206 of 2018 In SPECIAL CIVIL APPLICATION NO. 2009 of 2018 With CIVIL APPLICATION NO. 2126 of 2018
Decided On : 20-02-2018
Education – Admission – Post Graduate Programme in Management – When classification is made based on opinion of experts, Court cannot substitute views of academic experts – When classification/categorization is made for the purpose of making application, based on decision taken by academic experts, it is not open for appellant to plead vaguely that classification/categorization is irrational and illegal – In absence of any justifiable grounds to attack such classification and in absence of placing any material to demonstrate that such classification is irrational and illegal, such plea cannot be accepted – Letters Patent Appeal dismissed. (Paras 17 to 19)
R. SUBHASH REDDY, J.
1. The original petitioner in Special Civil Application No. 2009 of 2018 has filed this Letters Patent Appeal under clause 15 of Letters Patent, aggrieved the order dated 12.02.2018 passed by the learned Single Judge. By the aforesaid order, the learned Single Judge dismissed the petition filed by the appellant – original petitioner in limine.
2. The original petitioner has filed Special Civil Application under Article 226 of the Constitution of India with the prayers which reads as under :
“16 (A) That this Hon'ble Court be pleased to direct the Respondent to consider the case of the petitioner and to correct the Category AC 3 in which the petitioner is wrongly included to right category AC 6 and allow the petitioner to participate in the admission process of said course of Post Graduate Programme in Management (PGP 201820) as she possesses the requisite qualification as prescribed by the Respondent in its eligibility criteria for shortlisting and selection for admission to the said course especially in the background that equally situated students having less percentile than petitioner are being called for Academic Writing Test (AWT) and Personal Interview (PI).”
(B) That pending admission, hearing and final disposal of the present petition, this Hon'ble Court be pleased to direct the respondent to permit the petitioner to appear in the upcoming Academic Writing Test (AWT) and Personal Interview (PI) to be held from 06.02.2018 till the final outcome of the present petition.
(C) That this Hon'ble Court be pleased to pass such other and further relief as the facts of the case may warrant.”
3. The appellant herein – original petitioner has completed her degree in Bachelor of Arts (Programme) from Delhi University. Her subjects were Economics, Computer Application, English Literature, Hindi, Human Rights Gender and Environment. The appellant was desirous of taking admission in Post Graduate Programme in management. She applied and appeared for Common Entrance Test (“CAT 2017” for short), which is conducted on all India basis. The appellant herein has filled in online form and on the basis of information furnished by the appellant, admit card was provided and examination was held on 26.11.2017. The appellant appeared at Delhi Center. Results were declared in the month of January, 2018, wherein, the appellant has secured 89.21 percentile.
3.1 It is the case of the appellant that having come to know that the applicants having less percentile were called for Academic Writing Test (AWT) as well as personal interview, and as the appellant was not called for the same, she communicated with IIM Lucknow through email as well as telephonically. Such communications are part of the record.
3.2 It is the case of the appellant that as per categories which are prescribed by the respondent, the appellant falls in category AC6. However, the respondent institute has considered the case of the appellant by placing her in category AC3.
3.3 It is allegation of the appellant that categorization made by the respondent institute is erroneous and in spite of making requests to change the category from AC3 to AC6, her request was turned down by non speaking order and pleading that her case should not be considered as falling under category AC6, the petitioner approached this Court by filing the petition.
3.4. It is allegation of the appellant that the appellant has obtained Bachelor of Arts Degree with Economics as one of the subjects, as such, same should not have been treated as discipline for the purpose of categorization. However, it is fairly submitted that while filling up the form, the appellant has made mistake by mentioning Economics in tabular form against column discipline while submitting the online application.
3.5. The learned Single Judge by impugned order dismissed the petition in limine by recording detailed rea
Prathamkumar v/s. Indian Institute of Management reported in 2005 (2) GLH 438
S. Seshachalam and Ors. v/s. Chairman
Union of India and Ors. v/s. N.S. Rathnam and Sons reported in (2015) 10 SCC 681
Virendra Krishna Mishra v/s. Union of India and Ors. reported in (2015) 2 SCC 712
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