MANISH GUPTA Vs. PANJAB UNIVERSITY, CHANDIGARH

JUDGEMENT

(1.) The petitioner appeared in the Common Entrance Test conducted by the Panjab University for seeking admission to Bachelor of Engineer Course (for short B.E. Course) for Session 1992-93 in the sports category against the seats reserved for sportsmen. 17 seats were reserved for the candidates belonging to sports category in the Punjab Engineering College, Chandigarh. After the Common Entrance Test and the interview petitioner was placed at Sr. No. 19 in the said category. Respondent Nos. 4 and 5 namely Tejbir Singh and Harish Gandhi were placed at Sr. Nos. 17 and 18 respectively in the merit list of the candidates belonging to sports category.

(2.) One Shri Shorab Jain who had applied for admission to B.E. Course in the Punjab Engineering College at Chandigarh in the general category claimed admission against the seat reserved for sportsmen, but his claim was rejected by the college authorities. He filed civil writ petition in this Court (C.W.P. No. 10521 of 1992) seeking a direction to the respondents for granting admission to him in the reserved category of sportsmen. The said writ petition was admitted and interim directions were given to the college authorities to keep one seat vacant in the B.E. Course. In the said petition Tejbir Singh, who is respondent No. 4 in the present writ petition and was placed at Sr. No. 17, in the merit list of the category of sportsmen, got himself impleaded as party as the success of the writ petition filed by Shorab Jain would have adversely effected him. However, the said writ petition was dismissed by learned single Judge of this Court on 10.9.1992.

(3.) Respondent Nos. 4 and 5 in the meantime had got admission in B.E. Course in Thapar Engineering College, Patiala and College of Architecture, Chandigarh and consequently petitioner's merit in the sports category came to 17. After the dismissal of writ petition of Shorab Jain, petitioner moved the college authorities that he be granted admission on the basis of his merit in the sports category as one seat was lying vacant. The petitioner also approached the Vice-Chancellor of the Panjab University and vide his communication dated 22.10.1992. the Vice Chancellor recommended the late admission of the petitioner in the college. The petitioner, however, was not granted admission by the college authorities on the ground that a notice of motion in the Letters Patent Appeal filed by Shorab Jain has been received by them. It may be stated that in the Letters Patent Appeal there were no interim directions not to fill in the seat. The Letters Patent Appeal filed by Sborab Jain was dismissed by this Court on 30th Oct., 1992. Again the petitioner moved the college authorities for granting him admission and even the Vice Chancellor of the Panjab University again gave fresh sanction for grant of late admission to the petition. It may be pertinent to note here that respondent Nos. 4 and 5 had given in writing that they were no more interested in the admission in B.E. Course in the Punjab Engineering College, Chandigarh. In spite of all this, the petitioner was not granted admission and consequently he filed the present writ petition.