MANISHA Vs. REGIONAL ENGINEERING COLLEGE, KURUKSHETRA

JUDGEMENT

(1.) As to whether a rightful claim can be scuttled on mere technicalities or innocent mistakes is the question that has been posed for adjudication by Miss Manisha, a student of Computer Engineering Branch by filing this writ petition. She seeks a writ in the nature of mandamus directing the respondents to allow her to continue studying in the Computer Engineering Branch and further to issue a writ in the nature of certiorari so as to quash the order dated 15.6.1993 in so far as it pertains to her, whereby her branch has been changed from Computer Science to Electrical.

(2.) The brief facts of the case reveal that the petitioner who had brilliant academic record cleared her Matric with 84% marks and further cleared 10+2 examination with 80% marks. Being eligible, she applied to the Regional Engineering College Kurukshetra for four years course of Engineering. For the purpose of selection, merit is determined by marks and that, too, by Common Engineering Entrance Test popularly known as C.E.E.T. In the examination, she secured good marks and, therefore, she ranked at serial No. 97 in the merit list. In accordance with her merit in the C.E.E.T. she was admitted in the Engineering Course in the branch of Computer Science. There were 11 seats to be filled in Computer Science from amongst students qualifying from Haryana. In all there were five branches offered to the students and normally the preference of students is as follows :-

(3.) The petitioner who was at rank No. 97 in the C.E.E.T. could not get her first priority because the last candidate who got Electronics was at merit No. 75. Thereafter, in the second priority, the petitioner with her rank at 97 was the third candidate admitted in Computers and the merit for Computers went upto 160. She was, thus, given admission in her second priority i.e. Computers. She started her classes and being a brilliant student, completed first and second Semesters within first chance in June 1993. After the completion of her first Semester in June, 1993, she came to know that some application forms were available in the office of the College which were required to be filled in order of preference of Branches. She initially filled all the four branches except the one at number 2 i.e. Computers in order of her preference. She was later guided that the said application form was for change to other branch from the branch where she was already studying. Therefore, she did not sign the first form in which she initially filled all the branches of her preference but on realising the mistake, she filled up another form wherein she only filled up the branch of Electronics and Communication Sciences and also filled in the column of present branch as Computer Science. It is pleaded that this was done by her as she was anxious to get a better branch and she was also hopeful that she having done well in the first Semester would get this branch. In June 1993 a notice appeared on the Notice Board that the branch of the petitioner was changed from Computer Engineering to Electrical and she realised that probably by bonafide mistake, the wrong application which was unsigned by her was submitted by her friend. On further enquiry, she came to know that as per procedure, the change of branch was allowed by the College before the start of third Semester on the basis of result of first Semester. The relevant provision runs thus.