H.B. LALL Vs. THE STATE OF PUNJAB

JUDGEMENT

(1.) Miss Monika Bathla (Petitioner No. 2) whose father Dr. H.B. Lall (petitioner No. 1) is working as a Lecturer in Applied Physics in Dr. B.R. Ambedkar Regional Engineering College, Jalandhar (hereinafter called the 'Institution) applied for admission in the Institution to B. Tech/B.E. Engineering Degree Course for the Session 1992-93 against 2% seats allegedly reserved for the wards of the employees of the Institution. She was refused admission on the ground that there was no reservation provided for the wards of the employees of the Institution. This led the petitioners to file the present writ petition.

(2.) In the writ petition it has been averred that it is the governing body of the Institution that lays down the rules and regulations for admission of the students in the Institution. The case of the petitioner as put forth in the writ petition is that the State Government had issued instructions on 16.9.1991 (Annexure p/2) to various Institutions of the State of Punjab regarding the reservation in admission for wards of the employees working in the Department/Institution. It was pointed out that such reservation admission had already been struck down by Punjab & Haryana High Court in various cases and therefore reservation for the wards of the employees of the Institution was not justified. It may be mentioned here that in the prospectus issued by the Institution, no reservation was shown to have been made for the wards of the employees of the Institution.

(3.) Learned counsel for the petitioner submitted that respondent- Institution was not bound by the instructions issued by the State Government. The earlier decision of the Board of Governors of the Institution making reservation in question had not been annulled by any resolution of the Board of Governors and therefore the petitioner was entitled for admission against the seats reserved for the wards of the employees of the Institution.