ROHIT JAIN Vs. STATE OF PUNJAB AND ORS

JUDGEMENT

(1.) The present petition has been filed under Articles 226 and 227 of the Constitution of India praying for issuance of an appropriate writ directing the respondents to admit the petitioner in the first year B.E. Technical Planning at the School of Planning run by Guru Nanak Dev University or any other Engineering/Technical College running B.E. Course within the state of Punjab and for quashing Annexure P-4, the guidelines for the nomination on the discretionary quota seats. The pleaded case of the petitioner was that the admission to all engineering colleges in the State of Punjab was under the supervision of respondent No. 1 and the first year B.E. Course seats were to be filled and the task of holding the competition examination known as the entrance test was entrusted to one of the universities every year and for the year in controversy, the task was entrusted to Guru Nanak Dev University, Amritsar. That the university in pursuance of the above objective issued information brochure-cum-application form whereby 2% of the seats were reserved for sports persons to be segregated on the basis of the Punjab Government directions and the petitioner was eligible and liable to be considered against the 2% seats reserved. The petitioner had appeared in the common entrance test held on 29.05.2004 and secured 63 marks out of 300 marks i.e. 21% but was informed that under the amended eligibility criteria, candidates who have secured 24% marks or more than 24% marks in the CET examination, were eligible to be considered for admission. Accordingly, it was pleaded that eligible candidates having more than 24% marks were not available and the State Government illegally made large number of nominations i.e. 22 in number to various engineering colleges of the State and the seats meant for sports persons were given to those persons nominated by the State Government. It was pleaded that Punjab Government had decided to relax the eligibility criteria and vide notice dated 01.09.1994, reduced the eligibility criteria of the vacant seats from 24% to 15% and, therefore, the petitioner was entitled to be considered for admission.

(2.) Written statement was filed by respondent No. 1 and it was submitted that the State Government reduced the minimum qualifying marks in CET from 24% to 15% for admission in various Engineering Colleges/Institutions with a view to facilitate admission against unfilled seats only under general/other categories.

(3.) In the written statement filed by respondent No. 2, it was contended that the petitioner had not passed his 10+2 in the State of Punjab and, therefore, he was not eligible for admission to any Engineering course run by the respondent-University and the unfilled seats were thrown open to the general category as per the Rules given in the Information Brochure. The vacant seats were filled up on 21.08.1994 from general category candidates and there were no vacant seats lying in the reserved category.