VIVEK KUMAR Vs. HARCOURT BUTLER TECHNOLOGICAL INSTITUTE KANPUR

JUDGEMENT

(1.) This petition, at the instance of a student, stems from the refusal of the Harcourt Butler Technological Institute, Kanpur (hereinafter referred to as the Institute) to admit the petitioner in the undergraduate (Paint Technology) course. Three steats for the admission of undergraduates in the Institute were allocated to the Government of Madhya Pradesh. One was in Food and Technology, the other was in paint technology and the third was in Leather Technology.

(2.) Affidavits have been exchanged between the petitioner and the Institute. The petition is ripe for hearing. With the consent of the learned counsel for parties we are proceeding to dispose of this petition finally.

(3.) It is not in dispute that the petitioner could not be interviewed for admission by 31st Aug. 1988. The said date, according to the Institute, was the dead line set up by the Institute for making admissions. It has fortified its case by placing reliance upon the proceedings of the meeting of the Faculty of Engineering and Technology held on 24th Dec. 1985. Resolution No.7 of the said proceeding indicates that the Faculty resolved that the last date of admission under all categories in undergraduate courses was 31st Aug. of a particular year and if after that date any seat remained vacant it was not to be filled up. The precise words used were should not be filled up". At this stage we may also notice the circular dated 17th Feb. 1983, sent by the Institute to all the sponsoring States and authorities. Contents of paragraph 6(d) have been relied upon by the Institute and, therefore, the same may be extracted :-