IMPORTANT POINT
The exit condition in the admission notification was deemed directory, allowing the issuance of the Bachelor’s degree despite non-compliance.

JUDGMENT :

I.A. No.7757 of 2023

1. The instant application has been filed for grant of leave or permission to the respondent no.1, namely, P. Soumya to file Vakalatnama and to grant opportunity of hearing in the instant appeal filed by the Birla Institute of Technology & Ors.

2. It has been submitted by the respondent-writ petitioner that the instant interlocutory application has been filed on behalf of the candidate, who was the writ petitioner in the writ petition.

3. The further statement has been made that since the writ petitioner-respondent no.1 herein, is having interest over the order passed, hence, the Vakalatnama has been filed, as such, the same is being accepted.

4. There is no objection on the part of the appellants-BIT Mesra.

5. Accordingly, interlocutory application being I.A. No.7757 of 2023 is allowed.

6. Office is directed to accept the Vakalatnama filed on behalf of the respondent no.1-writ petitioner.

L.P.A. No.412 of 2023

Prayer

7. The instant intra-court appeal preferred under Clause-10 of Letters Patent is directed against the order/judgment dated 10. 07.2023 passed by the learned Single Judge of this Court in W.P.(C) No.928 of 2022, whereby and whereunder, while allowing the writ petition, the learned Single Judge has directed the BIT Mesra, respondent no.2 to the writ petition to grant “Degree of Bachelor of Science in Mathematics and Computing to the petitioner within two weeks from the date of receipt/production of copy of the order.

Facts

8. The brief facts of the case, as per the pleading made in the writ petition, required to be enumerated, are as hereunder:-

9. It is the case of the writ petitioner that the respondent no.2 (In writ petition) issued an admission notification dated 2nd May, 2016 inviting applications from eligible Class-XII pass-out students aspiring to get admission in 5-Year (10-semester) Integrated M.Sc. Programmes, 2016 in the BIT, Mesra commencing from Academic Session 2016-17. Pursuant to the said notification, the writ petitioner took admission in the programme namely 'Integrated M.Sc. in Mathematics and Computing’ and completed her 6th semester in the year 2019. The writ petitioner even successfully completed 7th and 8th semesters in the month of June, 2020.

10. The writ petitioner appeared in Common Aptitude Test (CAT)-2019 held in the month of November, 2019 and secured an overall 91. 52 percentile. She, thereafter, received offers from several IIMs across the country to undergo further admission process comprising of Written Admission Test (WAT) and Personal Interview (PI).

11. Since, the writ petitioner was not issued its Bachelor in Science Degree from BIT, Mesra, she contacted the Head of Department of Mathematics & Computing (Respondent No.6 in writ petition) to issue her a certificate to the effect that she had already passed 6th semester so as to enable her to appear in further process of WAT and PI test to be conducted by respective IIMs.

12. Pursuant to the petitioner’s application, the respondent no. 6 issued requisite certificates to the writ petitioner to enable her to appear in further process of admission in IIMs. She, thereafter, participated in the admission process of WAT and PI as offered by IIMs and was declared successful. The writ petitioner received e-mail from IIM, Ranchi offering her to take admission to the "Two- Year Post Graduate Programme in Management" for the Session 2020-22 and was asked to confirm her acceptance by making payment of acceptance fee of Rs.1,00,000/-. The writ petitioner deposited acceptance fee in IIM, Ranchi and thereafter, she received e-mail from IIM, Ranchi to complete the admission formalities by making registration and submitting/uploading requisite documents/credentials on shared link of website of IIM, Ranchi.

13. The writ petitioner then contacted the respondent No.6 vide e-mail dated 29.06.2020 and requested to issue graduation certificate to complete registration with IIM, Ranchi. However, the respondent no.6 suggested the petition