VIVEK BANSAL Vs. GURU NANAK DEV UNIVERSITY, AMRITSAR

JUDGEMENT

(1.) Vivek Bansal, the petitioner has filed the present petition under Articles 226/227 of the Constitution of India, praying for issuance of an appropriate writ, order or direction especially in the nature of mandamus directing respondent No. 1 to give regular admission to the petitioner in pursuance to the offer letter despatched on 13.9.2000 (Annexure P -6) in B. Tech. (Electronics) against a seat reserved for candidate from All India quota. The petitioner has further prayed for a writ of certiorari to quash the admission of respondent No. 3, Manish Gupta, who was a candidate of 85% quota meant for Punjab in the B.Tech. (Electronics) as on 18.9.2000 because respondent No. 3 has been wrongly granted seat which was offered to the petitioner.

(2.) The case set up by the petitioner is that he passed 10+2 Examination from Dehradun (U.P.). Respondent No. 2 i.e. the Punjab Technical University, Jalandhar, got issued a notice for Common Entrance Test 2000 for admission to 1st Year of Bachelor or Engineering/Technology/Architecture. In the Brochure in Part -B, it was mentioned that 85% seats will be reserved for candidates domiciled at the State and 15% seats will be open to all candidates on All India Basis. In the form (required to be filled in by the candidates), there was a column requiring a candidate to specify as to in which category i.e. either 85% quota or 15% quota, he/she in -tends to apply. The petitioner applied under 15% quota and he submitted the form before respondent No. 2. Respondent No. 3 applied under 85% quota. In the GET, the petitioner got ranking No. 2298. As per the procedure, a candidate desirous of seeking admission in Guru Nanak Dev University must submit a separate application. The petitioner filed an application before respondent No . 1. In this form, there was a specific column No. 11 requiring the candidate to indicate in which quota, he wishes to apply. The petitioner appeared for counselling on 10.7.2000 but he opted that his name be placed in the waiting list for B.Tech. (Electronics). He also deposited a sum of Rs. 2000/ -, which is non -refundable. Respondent No. 2 despatched a letter dated 13.9.2000 to the petitioner to report for admission against one vacant seat in B.Tech. (Electronics) against general category of 15% reserved seats for candidates from All India Quota. The petitioner was advised to report on this date for admission.

(3.) It is further alleged by the petitioner that respondent No. 3 passed his 10+1 and 10+2 examination "from the State of Punjab. He has also filled column No. 11 of the admission form by putting that he had passed from Punjab. He is the domicile from Punjab and on the basis of domicile, he is to get admission under 85% quota. Inspite of the above position, respondent No. 3 also wanted to get seat from the All India Quota of 15%. He got the seat under 15% quota which has been wrongly given to him because he was to get seat under 85% quota of Punjab.