VIKRAM SINGH GREWAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner after passing his plus two examination in Science subjects from D.A.V College, Chandigarh, appeared in the joint entrance test for admission to various Engineering Colleges in the State of Punjab, conducted by the Panjab University on 21.6.1992 and 22.6.1992. The result of the entrance test was declared in 13.7.1992. Thereafter within one week, the prospective students have to immediately evaluate their chance of admission in various colleges and apply for admission individual colleges giving their order of preference of subjects. The petitioner after qualifying the combined entrance test opted for admission in Bachelor of Engineering in Electronics in the College of Engineering and Technology, Bhatinda from a reserve category being the son of a retired personnel from paramilitary service. Thereafter, the Joint Admission Committee started interviewing all the successful candidate from 6.8.1992. The petitioner appeared in the interview of 7.8.1992 and the Selection Committee accepted his admission in the Electronics in Engineering College Bhatinda but when he approached the concerned authority of the College, he was apprised that vide letter dated 3.8.1992 (Annexure P-6) the reservation in favour of the wards of the retired paramilitary personnel had been withdrawn. Under these circumstances, the petitioner had invoked the extraordinary jurisdiction of this Court under Art. 226 of the Constitution for quashing the impugned letter (Annexure P-6) in so far as it affects the right of category of the ward of ex-paramilitary personnel and for issuing further appropriate order directing respondent No. 2 to consider the petitioner for admission on the basis of the criteria mentioned in the prospectus. It is inter alia contended that this letter Annexure P-6 having been issued after the process of the admission to the various Engineering Colleges having started is arbitrary being unjust and inequitable. Reliance in this regard has been placed on the ratio of the decision on the Division Bench of this Court in C.W.P. 9821 of 1992, decided on 10.8.1992 vide order, Annexure P-7.

(2.) The Principal of the Engineering College, Bathinda as well as Mr. M.S. Sandhu, Joint Secretary Technical Education, Punjab have resisted this petition by filing two written statements contending that the letter Annexure P-6 withdrawing the reservation in favour of wards of ex-paramilitary personnel was issued on 17.7.1992 well before the students had applied for admission in various Engineering Colleges and that it cannot be said that it has reflected adversely on the choice of students to get better speciality in a particular college. It is further maintained that ratio of the decision of the Division Bench (Annexure P-7) is not attracted to the facts and circumstances of the case as therein the change in criteria for admission was made a week earlier to the admission and after the students had submitted their applications for admission.

(3.) I have heard the learned counsel for the parties besides perusing the record. The relevant portion of the extract of the prospectus, Annexure P-2 containing criteria for admission to the reserve seats for the wards/spouses of the Defence and Paramilitary personnel reads as under Criteria for admission to the reserved seats for the wards/spouses of Defence and para-military Personnel : The admission to the seats reserved for the wards/spouses of defence and para-military personnel will be done as per instruction contained in the letter No. 32/31/78-2IE-II-91/SPL/17 dated 27.5.1991 reviewed from Govt. of Punjab Department of Technical Education and Industrial Training (Technical Education-2Br.) Chandigarh. The reservation of seats for the wards of Defence Personnel/Para-Military Personnel for admission in Engineering College (4%) will be made in the following orders of preference:- i) Wards/spouses of Defence Personnel Para-Military Personnel who are killed in action operations. ii) Wards/spouses of Defence Personnel/Para-Military Personnel disabled to the extent of 50% of more in action operations. iii) Wards/spouses of Defence Personnel/Para-Military personnel who die while in service. iv) Wards/spouses of Defence Personnel/Para-Military personnel who are disabled to the extent of 50% or more while in service during peace time. v) Wards of Ex-Servicemen/Ex-Para-Military Personnel (The date of retirement should be before the last of submission of application). vi) xx xx xx A bare glance through the same reveals that wards of ex-servicemen ex-paramilitary personnel, who had retired before the last date of submission of application are entitled for admission in reserve category (Sic) of 4% of the total seats in the Engineering College.