ISHA WADHAWA Vs. GURU GOBIND SINGH INDRAPRASTHA UNIVERSITY

JUDGEMENT

(1.) The Petitioner seeks admission in the second year of B. Tech course either in the Respondent No. 2 (Maharaja Agrasen Institute of Technology) or the Respondent No. 3 (Surajmal Institute of Technology) both affiliated to the Respondent No. 1 University. During the pendency of the petition, application being CM No. 13567/2010 has been filed by five others, also claiming admission in second year. Though no formal order has been made allowing impleadment but the counsel for applicants being same as of the Petitioner, the applicants have also been heard. It is inter alia the case of the Petitioner/s that the Respondent No. 1 University has not put for counselling all the seats available for admission in the second year. The counsels for the Respondents 2 & 3 appearing on advance notice on 1st October, 2010 when notice was issued in the petition had stated that there were 30 vacant seats in the second year in the Respondent No. 2 Institute and some vacant seats in the Respondent No. 3 Institute also.

(2.) The admission to the second year of B. Tech course is described in the Admission Brochure as Lateral Entry. The said Lateral Entry is available for Diploma holders and B. Sc. Graduates. The University in its Admission Brochure for the academic year 2010-11 advertised 60 & 48 seats as available for Lateral Entry in the Respondent No. 2 & 3 Institute respectively. The position as emerges on completion of pleadings and during hearing is that the All India Council for Teacher Education (AICTE) in its Approval Process Handbook has prescribed for such Lateral Entry upto a maximum of 10% of the sanctioned intake. The 60 & 48 seats for Lateral Entry in the Respondents 2 & 3 advertised in the Admission Brochure aforesaid represent the said 10% of the sanctioned intake in the Respondents 2 & 3. However, AICTE in Clause 70.2 of the Handbook further provides that in addition to the said 10%, other vacant seats in the second year "may also be available to Diploma holders and B. Sc. Degree holders for Lateral Entry". A formula has been prescribed for arriving at the number of vacant seats so available for Lateral Entry in addition to 10% of the sanctioned intake.

(3.) During the course of hearing, the counsel for the Respondent No. 2 has stated that there is no vacancy in the 10% seats aforesaid for Lateral Entry. Since the counsel for the Respondent No. 3 at the time of hearing had no instructions in this regard, an opportunity was given to file an additional affidavit in this regard. From the said additional affidavit, it transpires that there are no vacant seats in the 10% category in the Respondent No. 3 Institute also.