RAHUL KUMAR Vs. STATE OF U P

JUDGEMENT

(1.) By means of this writ petition, the petitioner seeks his admission in one of the 7 Government Engineering Colleges in Uttar Pradesh under Non-Resident Indians Sponsored quota. The petitioner appeared in U.P. State Engineering Admission Test (Special Examination), 2000 [UPSEAT (SE), 2000] held in September, 2000 for being admitted to the graduate course in Engineering Colleges in State of U.P. The petitioner secured his position in the waiting list as a candidate belonging to Backward category. He was also called for counselling by the Coordinator of the Examination on 18.10.2000 and again on 19.10.2000. It has been alleged that at the counselling the petitioner was informed by the members of the Committee that he may be provided a seat reserved under Non-Resident Indians sponsored quota. The petitioner in pursuance of the aforesaid representation by the members of the Committee, moved an application seeking his admission against one of the seats meant for NRI sponsored candidate, which application was allowed and 25.10.2000 was fixed for counselling for admission against NRI sponsored quota. The petitioner complied with all formalities for being admitted under NRI sponsored quota and as per directions of the authorities he also deposited Rs. 3400/- as counselling fee for the purpose. An Admission Card was also issued to him for the aforesaid counselling. However, the counselling did not take place and the petitioner was informed by the Co- ordinator that he cannot be admitted under NRI sponsored quota. Being aggrieved with the aforesaid non-consideration of his claim for admission under NRI sponsored quota, the petitioner has knocked the doors of his Court for issuing necessary direction for giving admission to the petitioner under the aforesaid quota.

(2.) A pre-admission competitive examination known as U.P. State Engineering Admission Text, 2000 (UPSEAT-2000 SE) was conducted by the Co-ordinator, Moti Lai Nehru Regional Engineering College, Allahabad. The Engineering Colleges of Uttar Pradesh are affiliated to U.P. State Technical University, Lucknow and Moti Lal Nehru Regional Engineering College, Allahabad held the examination for and on behalf of the Technical University at Lucknow. The Course of prospectus, syllabus etc. are managed by the University and the degree is also awarded by the said University. The terms and conditions and detailed instructions were published in a Brochure. The Brochure indicated the list of colleges, availability of seats, mode and procedure of admission and other details. The petitioner, who has passed his High School and Intermediate Examinations securing 75% and 68% marks respectively, appeared in the said examination. There were about 3000 seats in 24 Engineering Colleges, out of which 7 Engineering Colleges were Government Engineering Colleges and 17 were Private Engineering Colleges of State of Uttar Pradesh. The petitioner relying upon the contents of the information brochure and the representation made by the Coordiantor at the tine of counselling on 18th and 19th October, 2000 applied for seeking admission under NRI sponsored quota in one of the seven Government Engineering Colleges but was denied admission despite all formalities being completed by him inlcuding the payment of fee for the same.

(3.) Learned Counsel for the petitioner straneously urged that in the information Brochure 5% seats have been reserved for the NRI/NRI sponsored quota candi- dates for which 60% marks in Physics, Chemistry and Maths were prescribed as minimum qualifying marks as against which the petitioner had secured 68% marks, and, therefore, the petitioner has a legal claim for being admitted against one seat under the aforesaid quota. His further submission is that 35 seats were still available which were to be filed by NRI/NRI sponsored quota candidate and the petitioner, who was willing to pursue his career in Computer Science and Engineering subject for his Bachelor Degree in Engineering, was entitled for being admitted in one of the seven Government Engineering Colleges under the said quota. Further allegation is that the petitioner during the course of counselling was offered a scat in Information Technology subject in JSS Academy of Technical Education, Noida but the petitioner has sought his admission under NRI sponsored quota. The submission of the learned Counsel for the petitioner is that once there exist a NRI sponsored quota which was published in the information brochure and the petitioner having been made to comply with the formalities required under the brochure for seeking admission against this quota and he having been required to deposit the fee which fee was deposited also, the action of the opposite parties in not granting admission under the NRI quota is wholly without any authority besides being arbitrary and greatly prejudicial to the interest of the petitioner whose academic career has suffered a set back because of the deliberate inaction on the part of the opposite parties.