RAJIV CHUGH Vs. PUNJAB UNIVERSITY AND ANOTHER

JUDGEMENT

(1.) The Punjab University issued Prospectus for admission to LL.B (Three years) Course and various other Courses for the academic session 2009-2010. The petitioner applied for admission to LL.B. (Three years) Course. Entrance test for admission to LL.B. (Three years) Course was held on 30.5.2009. The petitioner participated in the test and was placed at Sr. No. 292 in the merit list. The selection criteria for admission was also notified at page 84 of the Prospectus which provides as under :-

(2.) After the combined merit was prepared, the petitioner was placed at Sr. No. 371 of the merits list. As many as 404 seats were notified for open as well reserved categories and 27 seats for Foreign National/PIO/N.R.I. Counseling for LL.B. started on 15.7.2009 for both General and Reserved Categories. On completion of the counseling, all the 404 vacancies have been filed up with closing of admissions on 10.9.2009, expect 27 NRI seats which remained unfilled on a account of non-availability of the candidates from this category. The petitioner who seems to be taken to seek admission to the LL.B (Three years) Course has filed this petition challenging Condition No. 1 at page 160 of the Handbook of Information and Rules for Admission, 2009 of the Punjab University which prohibits the conversion of N.R.I. seats to General Category and has also sought direction for conversion of 27 seats of Foreign National/PIO/N.R.I. to Open Category and for admission of the candidates from General Category on the basis of their merit. The conditions for admission under the N.R.I. quota as notified in the Prospectus read as under :-

(3.) Conditional No. 1 clearly provides that the seat shall not allowed to be converted into open category. Plea raised by the petitioner is that the N.R.I. seats are within the total prescribed intake capacity of the University and no additional or extra infrastructure including teaching staff is needed. It is further contended that allowing 27 seats to remain vacant would not serve any public purpose nor would are keen to acquire professional education would be deprived of acquiring the qualification despite their merit, it is further contended on behalf of the petitioner that the very object of creating N.R.I. seats was to generate funds for the University and keeping seats unfilled would deprive the University of funds which could otherwise be put to its kitty by offering the seats to General category candidates. It is further contended that if these seats are allowed to be filed up from general Category candidates, University will not have to expand any infrastructure, teaching staff etc., the seats being part of its over all management and within the frame of the University curriculum.