SONAL SHARMA Vs. GOVT OF NCT OF DELHI

JUDGEMENT

(1.) The petitioners passed plus 2 examination of the CBSE in June 1997 under the Vocational Stream. They applied for admission to the lInd year Diploma Course in the Mechanical Engineering in the various Polytechnics under respondent No. 1 - Government of National Capital Territory of Delhi. According to the petitioners, 10% seats in the lInd year of the Diploma Courses are reserved for candidates who passed class XII examination under the vocational stream and they sought admission against the seats reserved for such candidates. The names of petitioners were shown at Serial No. 32 and 34 of the merit list of candidates under the vocational stream. The total number of seats being 410, the first respondent was bound to reserve 41 seats for candidates under the vocational stream and if 41 seats were reserved for such candidates the petitioners with rank Nos. 32 and 34 would have been entitled to admission. But the first respondent reserved only 30 seats for the candidates under the vocational stream and consequently the petitioners were not given admission. It is further stated that respondent No. 1 cannot go back on the promise to reserve 10% of seats for candidates under the vocational stream. Therefore, the petitioners have prayed for a direction to the respondents to admit the petitioners to IInd year Diploma Course in Mechanical Engineering.

(2.) In response to the notice to show cause why the petitioner should not be admitted, the Director, Directorate of Training and Technical Education, Government of National Capital Territory of Delhi has filed a reply affidavit on behalf of the respondents. A copy of the prospectus issued by the Government of Delhi for the year 1997-98 has been produced along with the reply affidavit as Annexure R-l. Regarding reservation of seats for candidates under vocational stream the prospectus provided as follows:

(3.) It is stated in 'the reply affidavit on behalf of the respondents that there was no offer or promise to reserve 10% of the seats for candidates under the vocational stream. The offer was to consider such candidates for admission to the lind year of the Diploma Course "against vacant seats upto 10% of the intake." Respondents have denied the contention of the petitioners that there are 41 seats available for the candidates under the vocational stream. According to the respondents the petitioners have calculated 41 seats as 10% of the fresh intake and they have ignored the further restriction that candidates under the vocational stream can be considered only against vacant seats. As per the details given in paragraph 3 of the reply affidavit, the total number of seats (fresh intake) for Mechanical Engineer is 410 and the total number of vacant seats is only 25. In addition to the 25 vacant seats 5 vacant seats were taken into consideration for the course of Production Engineering, making the total number of vacant seats available for candidates under the vocational stream 30. Out of these available seats, 7 seats were reserved for S.C./S.T. According to the respondents, admissions have been made on the basis of merit and the petitioners are below the cut off percentage and accordingly were not admitted.