ABHINAV AGNIHOTRI Vs. MAHAMAYA TECHNICAL UNIVESITY

JUDGEMENT

(1.) THE petitioner has rushed to this Court with request to quash the order dated 2.8.2011 communicated to him informing and intimating that seat details have been again looked into and have been found to be in order, and further to accord admission in 3. Tech Course-2011 at HBTI, Kanpur

(2.) FACTUAL matrix of the case is that Mahamaya Technical University, NOIDA, Gautam Budh Nagar conducted U.P. State Entrance Examination-2011 (UPEE- 2011) for the purposes of providing admission in B. Tech courses and other similar courses in the State of U.P. Advertisement was issued in this direction and the last date for receipt of application form was 4.3.2011; the date of examination scheduled to be held was 16-17.4.2011. The Information Brochure so published contained details of the procedure for selection and reservation provided to the different categories, horizontal and vertical in nature as well as intake of different colleges for which entrance examination was to be conducted.

(3.) COUNTER-affidavit and supplementary counter-affidavit have been filed and therein stand has been taken that the seat allotment has been properly done as per reservation policy, and the petitioner has failed to make place for himself, and it has also been reiterated that total 9 seats were allotted to the dependents of Freedom Fighter of U.P. and out of the same 4 seats have been allotted to general category candidates, 2 for OBC, 1 for SC and for ST category candidates. In this background, it has been stated that all the 4 sears from the category from which petitioner hails have been filled up, as such no benefit or advantage can be availed by the petitioner. COUNTER-affidavit has also been filed by the University and the same set of facts have been reiterated. However, it has been further stated that the vacant reserved seat gets de-reserved only after the second round of counseling is undertaken as per declared schedule. It has been stated that the date for admission to the allotted candidates was 19.8.2011 and as the last date was over and due to non-reporting of some candidate in college, the seat could not be filled after the counseling was over. Further reiteration has been made that the seats have been distributed in different disciplines and allotted purely on merit through the Statewide online counseling process.