HIMANSHU PATHAK Vs. NCT OF DELHI

JUDGEMENT

(1.) This writ petition is filed by a students who are seeking admission to the diploma course being run by respondent No. 2, Aryabhatt Polytechnic. The initial challenge in the writ petition was to the weightage given to the rural areas/resettlement colonies which challenge did not survive as recorded in the order dated 10th October, 2002. The petitioners were students of vocational course in Delhi and have all passed their 11th and 12th classes from G.B.S.S. School, Bharat Nagar, Delhi, and had applied directly for the second year diploma of Diploma Course in respondent No. 2 Aryabhatt Polytechnic. The petitioners opted to study in the vocational course in electrical engineering after qualifying their class 10th examination. The petitioners' case was that by taking into account 275 seats in the first year, 10% additional seats ought to have been reserved for vocational stream seeking admission directly in the second year which amounts to 27 seats in addition to 275 seats. It was pleaded that out of 27 seats only 15 students were given admission and 12 seats were available for 10% quota earmarked for direct admission to the second year of the course of vocational stream. This Court had in fact passed an interim order on 2nd September, 2002 in respect of these 27 seats. The present writ petition was thus confined to 12 seats left for direct admission in the second year diploma course in electrical engineering, as the Counsel for the petitioner had not pressed the relief claimed in the writ petition qua weightage for rural students as recorded in the order dated 10th October, 2002. The admission to 10% seats have not been given by the respondents on the ground that number of seats for the same are being fixed by the AICTE. Mr. Babu appeared on behalf of AICTE and has filed its affidavit. In paragraph 9 of the said affidavit the following statement is made.

(2.) Thus AICTE has affirmed the plea taken by the petitioner about 10% seats being available to the second year third semester in addition to seats so far as first year level is concerned. Notification of the AICTE dated 11th July, 1992 and in particular Clause 2.3 thereof makes this very clear as follows:

(3.) The respondent's case as submitted in written synopsis of respondent No. 1 is as under: