ROMI ROMINDER SINGH Vs. STATE

JUDGEMENT

(1.) Romi Rominder Singh petitioner has filed the present writ petition under Articles 226/227 of the Constitution of India for issuance of directions in the nature of mandamus against the respondents - State of Punjab and Director, Punjab State Board of Technical Education and Industrial Training, Chandigarh - to allot him a seat in Civil Engineering or any other trade according to his merit at Patiala or Ludhiana.

(2.) The case set up by the petitioner is that on 16.5.1999, a Joint Entrance Test for admission to various diploma courses of three years duration was held by Punjab State Board of Technical Education and Industrial Training, Chandigarh. The result was declared on 9.6.1999 and the petitioner qualified the test with merit at Serial No. 1894 by obtaining 540 marks. The counselling and allotment of seats in U.T., Chandigarh was held on 17.7.1999 from out of the candidates selected by the Punjab State Board of Technical Education and Industrial Training, Chandigarh and the petitioner was offered seat in Civil Engineering at Chandigarh. The counselling and allotment of seats in Punjab was held on 7.8.1999 and the candidates below in merit to the petitioner were offered better seats but he was refused to consider in Punjab on the ground that he has already accepted seat in U.T. Chandigarh. According to the petitioner, his juniors were offered seats in Punjab, therefore, his merit has been ignored by respondent No. 2 and in these circumstances he is entitled to the directions as prayed for.

(3.) The case set up by the respondents is that the counselling for Chandigarh as well as Punjab was held on separate dates and as per Clause 12 of the advertisement, once a seat has been accepted by a candidate in a particular institution, the same shall not be changed and the fee deposited shall not be refunded.