GGSIP UNIVERSITY Vs. DHRUV SINGHAL

JUDGEMENT

(1.) In these intra-Court appeals preferred under Clause 10 of the Letters Patent, the challenge is to the composite order dated 18th October, 2010 passed by the learned Single Judge in WP(C) No.6641/2010 and WP(C) No.6896/2010 and the common order dated 15th November, 2010 passed in R.P. No.459/2010 and R.P. No.457/2010. Regard being had to the similitude of the controversy involved, the facts in WP(C) No.6641/2010 are exposited herein.

(2.) The respondent No.1 to the present appeal invoked the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India stating, inter alia, that he had appeared in the Common Entrance Test (CET) conducted by the appellant - University on 5th June, 2010 for admission to Engineering & B.Tech programmes in the Institutes / Colleges of the appellant - University as well as its affiliates. The respondent No.1 secured the rank of 15070 in the merit list. As per the admission brochure published by the appellant - University, the admission process was required to be completed by 30th September, 2010 but the second round of counselling for admission in the Respondent No.2, i.e., Maharaja Agarasen Institute of Technology (MAIT), an Institute / College affiliated to the University, commenced only on 13th September, 2010 and was stated to be continuing at the time of filing of the petition on 28th September, 2010. It was contended that certain colleges applied to the University for filling up the vacant seats even after the conclusion of the second counselling by 30th September, 2010. The respondent No.1 approached MAIT and was informed that there were still 11 vacant seats either on account of students who had not joined inspite of taking admission or on account of seats not filled up by the University. Despite the same, the University did not admit the respondent No.1 to the MAIT. In that backdrop, the writ petition was filed to issue an appropriate writ to the University to admit him to the B.Tech in MAIT in the academic year 2010-2011. When the matter was taken up on 29th September, 2010 by the learned Single Judge, a stand was put forth by the college that seats were vacant and a stance was set forth by the University that six seats of the Scheduled Tribe (ST) category were not put to counselling till then. It was also stated that as per the Rules, if the said seats remained vacant, they were to be offered next to the Scheduled Castes (SC) category candidates and if still some seats remained vacant, they were to be offered to the General category candidates. It was urged that in the General category candidates, the respondent No.1 was placed in the rank of 15070 and, hence, was unlikely to be admitted in that category. It was brought to the notice of the learned Single Judge that the University was considering counselling for ST/SC category on 30th September, 2010 being the last date for admissions as per the prospectus of the University and, accordingly, the matter was adjourned with a direction to the University to put the said six seats for counselling to ST/SC category on 30th September, 2010.

(3.) As revealed, out of the six seats, two for the ST category and four for the Physically Handicapped (PH) category were put for counselling but no ST category candidate turned up and the two ST category seats thus devolved upon the SC category out of which only one could be filled up. None of the four seats for the PH category could be filled up and, accordingly, the said seats devolved upon the General category. It was contended by the University that the seats could not be filled up after 30th September, 2010 in view of the decision in Mridul Dhar v. Union of India, 2005 2 SCC 65. In the counter affidavit, the University put the stand that the ST and PH category seats could not be put to counselling earlier as per the time schedule prescribed in the admission brochure owing to the recognition of the MAIT having been earlier revoked by the All India Council for Teacher Education (AICTE) and MAIT having joined in the counselling late by which time the counselling for the ST and PH category was already over.