(1.) Ramgarhia Polytechnic, Phagwara, respondent No. 2 is geting 95 per cent grants in aid from the State Government and it is affiliated to the Punjab State Board of Technical Education and Industrial Training, Punjab. A joint ntrance test was held, in which the petitioner secured 79 marks and was placed at merit No. 5729. As against him, respondent No. 3 secured 60.5 marks. The aforesaid olytechnic gave admission to respondent No. 3 and diploma in Electrical Engineering for the academic year 1993-94.
(2.) In reply to notice of motion, written statement has been filed by respondent No. 3. In spite of service, the aforesaid Polytechnic failed to file any written statement or put in appearance. A short affidavit has been filed on behalf of the State Board of Technical Education respondent No. 1.
(3.) The stand taken is that respondent No. 3 was given admission against founder- donors quota. Reasonable opportunity was given to the Board to place on record decision to reserve any seat for founder-donors quota. All that the Board has been able to do is to produce a letter from the Principal of the Polytechnic, informing the Board that respondent No. 3 had been admitted against the founder-donors quota. There is no mention of such reserved category in the prospectus or any other decision taken by the college, which may have been approved by the Board.