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2020 Supreme(Guj) 597

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
Biren Vaishnav, J.
Raghav Sanjay Gupta - Petitioner
Versus
Indian Institute of Management Ahmedabad - Respondent
R/Special Civil Application No. 7804 of 2020
Decided On : 28-07-2020

Advocates Appeared:
For the Petitioner:Mr. Navin Pahwa, Senior Advocate with Mr. Tirth Nayak.
For the Respondent: Mr. Nandish Y. Chudgar.

Point of Law:
Different business schools have their own way of selection and parameters

Headnote:

IIM Act, 2017 – Sections 7(e) and 8(3) – Constitution of India – Article 14 and 19 – Admission – Selection Criteria – Student seeks relief from this court as he has not been selected for two year Post Graduate Management – His main grievance is that respondent's selection process whereby 50% weightage is given to personal interview and only 25% weightage is given to CAT score is arbitrary, discriminatory and illegal – Petitioner has further sought indulgence of this court in setting aside respondent's selection process also on ground of providing 10% weightage to Analytical Writing Test as compared to 25% weightage to CAT score and 15% weightage to previous academic/professional score and to revise final merit based selection list of candidates for course of post graduate programme of institute through CAT 2019 on basis of settled law which determines not more than 15% weightage to oral interview on basis of questions which are directly connected with course/programme in question and to make admissions on the basis of such revised final merit based list.

Facts of Case:

Petitioner appeared for Common Admission Test conducted by Indian Institute of Management, for Post Graduate Programme in Management – Petitioner scored 206.86 marks in CAT 2019 examination, thereby securing 99.95 percentile and securing a rank in top 110 students all across India – Petitioner further states that he was shortlisted for next round of Analytical Written Test and Personal Interview by institute – Call letter was received – Petitioner appeared for AWT and PI – He is a certificate holder of Certificate issued by Director, Association of Chartered Certified Accountant, U.K. confirming that he has completed Strategic Professional ACCA Examination which is an internationally recognised and accepted qualification equivalent to Indian Chartered Accountant qualification – By an email, petitioner was informed that he was neither selected nor wait-listed – Institute did not disclose marks that petitioner secured – Legal notice was therefore issued – Petitioner was informed that his composite score is 0.630269 whereas composite score of last selected candidate was 0.657594 and that last wait-listed candidate had a composite score of 0.645370 – Allotment of 50% weightage of marks to Personal Interview (PI) is bad in view of fact that the allotment of 50% of weightage and allocation of only 25% marks to CAT score leads to subjectivity and lack of transparency and reasonableness in admission process, particularly when, petitioner otherwise has had a brilliant academic career when he scored 10 out of 10 CGPA in Class 10, 92.2% in Class-12, 3.53 out of 4 CGPA (upto Semester-V) in B.Com – It is case of petitioner that he has completed all papers of Association of Chartered Certified Accountants.

Findings of Court:

Once having found from prospectus that final selection is based on a diverse set of attributes which includes performances in CAT, AWT and PI and having read such process of selection, on being unsuccessful, to challenge same also is a ground on which petitioner does not deserve any relief – Petitioner will have to accept fact that he was not selected for final admission at IIM, as there are number of other more meritorious candidates ahead of the petitioner – Coupled with fact that different business schools have their own way of selection and parameters and this court does not think it fit to interfere with sameuy as no arbitrariness has been borne out, apprehension of petitioner that undue weightage has been given to interview and student who has secured such a high CAT score failed to secure an admission and this process being unjust, is a submission which is misconceived.

Result: Petition Dismissed

JUDGMENT :

1. 'Our students are leaders around the globe' reads the home page of the website of the respondent – Indian Institute of Management, Ahmedabad (for short ‘IIM, Ahmedabad’). On reading the prospectus for the Two year Post Graduate Programme in Management course, I have gone through the message of the Chairperson which I would like to reproduce hereinbelow before delving into the matter.

    “Rigour, a quest for excellence, a place to be, T-Nite, are words that come to mind for anyone familiar with the Postgraduate Programme (PGP) at IIMA that leads to a Master's degree in Business Administration. The PGP has been IIMA's flagship programme for more than fifty-five years and is among the top-ranked programmes in the world for many years. This two-year programme has created business leaders, outstanding managers, and a number of significant entrepreneurs. Though the degree is called MBA, historically its graduates have contributed equally to a wide range of areas beyond conventional business, areas that seek knowledge and expertise in management. Their contributions cover practically all sectors of business and industry, not-for-profit organizations, government and policy, research, and academics.

The programme moulds its participants into rigorous and new ways of thinking to deal with complex real-life problems. It challenges them to achieve levels of excellence that they may not have thought of earlier. Apart from the formal coursework, the programme has a variety of opportunities for hobbies and sports through student clubs and activities.

Incoming participants join a cohort having people with diverse backgrounds - fresh graduates in a variety of disciplines, people with work experience in varied sectors like Finance, Consulting, IT/ITeS, FMCG/Retail, Engineering, PSUs, etc., a gender mix, and a wide range of professional and extra-curricular interests. In the first year of the programme, a set of compulsory courses create a solid foundation for all participants across all functional areas of management. In the second year, participants craft their own specializations by choosing courses from a wide range of electives that can be taken in any combination. Many participants choose to develop their expertise in general management (across functional areas) that IIMA has long been known for. It is equally common for others to specialize in specific areas of management like marketing, finance, strategy, consulting, operations, HR, etc. The second year also offers a one-term exchange programme with more than eighty management schools worldwide, and a dual degree programme with a few selected schools. Exchange offers great opportunities for a diversity of academic, social, and cultural experiences for participants going abroad as well as those staying on campus.

Overall, in the programme, you will find a wide range of interesting courses and activities, taught and facilitated by outstanding faculty members, many of whom are as familiar with the world of the practitioner as they are with the world of academics and research.

If you are a prospective applicant, I invite you to the challenge of PGP at IIMA. If you are an incoming student, congratulations for your achievement! In terms of sheer numbers, this is probably the toughest programme in the world to get into. If you are currently a student at IIMA, you have already started understanding what PGP at IIMA is about. Either way, be prepared for a life-changing experience!”

[Emphasis Supplied]

2. Today before this court, is an academically bright student who has excelled in studies all through out, seeking relief from this court as he has not been selected for the two year Post Graduate Management (PGP) Course at IIM, Ahmedabad. His main grievance voiced through this petition is that the respondent's selection process whereby 50% weightage is given to personal interview and only 25

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