DAVINDER PAL SINGH AND ANOTHER Vs. PEC UNIVERSITY OF TECHNOLOGY (ERSTWHILE PUNJAB ENGINEERING COLLEGE) & OTHERS

JUDGEMENT

(1.) THE petitioners challenge the order dated 03.8.2012 (Annexure P -4) issued by Dean Academic Affairs, order dated 13.8.2012 (Annexure P -6) passed by the Senate, as the appellate authority, and the order dated 28.9.2012 (Annexure P -8), conveyed by Dean Academic Affairs of the respondent -University. The brief facts of the case are that the petitioners appeared in All India Engineering Entrance Examination (AIEEE), held in the year 2010 and the on the basis thereof, both the petitioners were admitted in the Bachelor of Engineering course for the duration of 2010 to 2014. Petitioner No. 1 belongs to S.C. category and he was admitted in the branch of B.E. (Mechanical) whereas petitioner No. 2, who belongs to S.T. category was admitted in the branch of B.E. (Electronics & Electrical Communication). When the petitioners could not perform well in their academic pursuits, the respondent -University terminated the B.E. programmes of the petitioners. One such order of terminating the B.E. programme of petitioner No. 1 is appended at Annexure P -4.

(2.) DISSATISFIED with the order Annexure P -4, petitioners filed appeal dated 7.8.2012 (Annexure P -5). However, after reexamination of the entire record, appeal of the petitioners was also dismissed vide decision taken by the Senate, i.e. appellate authority in its 49th meeting, held on 13.8.2012 and the relevant extract of minutes thereof is Annexure P -6. Petitioners again moved a mercy appeal dated 4.09.2012 (Annexure P -7). The petitioners were intimated about the decision of the Senate that their appeal was considered and was not found worth acceptance. This communication is dated 28.9.2012 (Annexure P -8).

(3.) WHILE issuing notice of motion on 8.11.2012, this Court passed the following order: -