ANURAG KIRPAL Vs. GURU NANAK DEV UNIVERSITY AMRITSAR

JUDGEMENT

(1.) Anurag Kirpal through present petition filed by him under Art. 226 of the Constitution of India seeks a direction to be issued to the respondents to grant him admission in the course of B. Tech. (Computer Science) at Punjabi University, Patiala, or in the alternative at College of Agricultural Engineering, Punjab Agricultural University, Ludhiana. The facts on which the relief asked for stems need to be noticed first.

(2.) Admissions to Bachelor of Engineering in various disciplines at the various Engineering Colleges located in Punjab and Chandigarh are made on the basis of common Entrance Test (hereinafter to be referred as C.L.T.). All those candidates who have passed 10+2 (Science Stream) examination with English, Physics, Chemistry and Mathematics on its equivalent examination conducted by a recognised Board University are eligible to appear in the test and seek admission at various Colleges Universities in the Bachelor of Engineering. Guru Nanak Dev University Amritsar issued information brochure for C.E.T for the year 1993 as it was authorised to hold the test by the Punjab Government by notification dated 26.3.1993. The petitioner being eligible applied for appearing at the C.E.T. which was held on 6.6.1993. The result of C.E.T was declared on 2.7.1993 and the petitioner obtained 111.25 marks out of 300 and was placed at serial No. 2535 in order of merit. The successful candidates thereafter were to appear in interview which was to be held with effect from 26.7.1993 to 2.8.1993 for various categories. Institution-wise eligibility, number of seats, their specific requirement of reservation were based upon Institution to Institution. For this purpose, another information brochure-cum-application form was issued for admission on C.E.T 1993 basis. In accordance with the brochure, the reservation was made in various Institutions for admission to Bachelor of Engineering course for different categories i.e. number of seats reserved for different categories was mentioned in this brochure. It is maintained in the writ that the petitioner was eligible under the Freedom Fighters category and he had applied under the said category. Since various Institutions had reserved different number of seats for different number of reserved categories the petitioner had applied in the college of Agricultural Engineering, Punjab Agricultural University, Ludhiana in the course of B. Tech. (Agricultural Engineering) wherein 2% seats were reserved under the category of Freedom Fighters and their dependents. It is stated that he was eligible for being considered against Freedom Fighters category at Punjabi University, Patiala, in the course of B.Tech. (Computer Science) wherein one seat was reserved for the category of Freedom Fighters. The venue of the interview was fixed at Gymnasium Hall, Panjab University Campus, Chandigarh. Petitioner appeared in the interview that was held on 27.7.1993, for various categories i.e. sports, military, para military, backward class, handicapped, territorists victims and freedom fighters, etc. At the venue of interview, different tables were set up by various Institutions and various candidates were called for interview at various counters set up by the Institutions in accordance with their merit. In the list of Freedom Fighters category, put up at the venue of interview, the name of petitioner appeared at serial No. 11 in the order of merit as he had secured 111.25 marks. One Manjit Singh who has been arrayed as respondent No. 4 in the writ petition was shown at serial No. 10 in the order of merit as he had obtained more marks than the petitioner i.e. 113.25 marks. In the category of Freedom Fighters, Manjit Singh was the first to be called for admission to B-Tech. (Computer Science) course at the counter of Punjabi University, Patiala. The positive case of the petitioner is that Manjit Singh gave up his claim to this course, left the counter of Punjabi University, Patiala and went to the counter of College of Engineering and Technology, Bhatinda and R.E.C. Jalandhar. Thereafter the name of petitioner was called at the counter of Punjabi University, Patiala for being considered for admission to B-Tech. (Computer Science) Course at Punjabi University, Patiala. The petitioner went to the counter and submitted all his documents for being verified by the concerned authorities. Manjit Singh came back and staked his claim to the said course. This was obviously objected to by the petitioner as Manjit Singh had already left the counter by giving up his claim and gone to the other counter. It is maintained in the present writ petition that the respondents did not agree with the petitioner and gave admission to Manjit Singh in the course of B.Tech. (Computer Science) on the ground that Manjit Singh had obtained more marks than the petitioner. The repeated requests of the petitioner made in this regard resulted in fixing a date for settlement of dispute between him and Manjit Singh. The date fixed by Punjabi University, Patiala was 3.8.1993. The petitioner went and pleaded his cause but was not granted admission.

(3.) Petitioner further maintains that on 27.7.1993 itself when he was denied admission in B. Tech. (Computer Science) course at Punjabi University, Patiala by holding that Manjit Singh was having a preferential right to the said seat, he immediately went to the counter of College of Agricultural Engineering, Punjab Agricultural University, Ludhiana where he was eligible to seek admission but on reaching there, he was told that he cannot be considered for admission to the said course because another candidate respondent No. 5 Ms. Geetika Rawlley had been admitted. She had obtained 99.50 marks out of 300 and was at merit No. 3375. The entreaties of the petitioner to admit him as he had better claim than respondent when did not bring any tangible result, he has come to this court asking for the relief as has been indicated in the earlier part of judgment.