DEEPAK GUDWANI Vs. UNION OF INDIA

JUDGEMENT

(1.) In these twelve writ petitions (Nos. 9719, 10922, 11185, 11475, 11597, 11674, 11742, 12584, 12591, 12625, 12943 and 13424 all of 1994) the common question raised is whether the admitting educational authorities can insist on possession of eligibility qualifications on the date of admission as expressly laid down in the prospectus. We, therefore, propose to dispose of these writ petitions by a common judgment.

(2.) To appreciate the question, it will be sufficient to give illustrative facts from CWP No.10922 of 1994. Sant Longowal Institute of Engineers and Technology (Sangrur) in the State of Punjab (hereinafter referred to as 'the Institute') established by the Government of India, invited applications from eligible candidates throughout the country for admission to a Degree Programme on the basis of merit determined in an entrance test held by the Institute. Candidates who had appeared for the final diploma examination of their respective educational institutions were allowed to apply for admission on the condition that their result of the final year examination was produced at the time fixed for admission. The petitioner applied for admission. He appeared in the entrance test. This was subject to the petitioner producing result of the qualifying examination at the time of admission. The result of qualifying examination having not been declared by the date fixed for admission to the Institute, the petitioner was denied admission. He filed the aforesaid writ petition. Under interim orders of this Court, the petitioner was given provisional admission as per merit in the entrance test at his own risk and responsibility. Seven other CWP Nos. 11185, 11475, 11597, 11674, 11742, 12584, 12591 and 12625 of 1994 also fall in this category.

(3.) Written statements have been filed in some of the writ petitions both by the Punjab State Board of Technical Education and Industrial Training responsible for declaring the result of the qualifying diploma examination as well as the Institute. It is not disputed that result of the qualifying examination was not made available up to the completion of admission in question. There is only one exception in the case of the petitioner in CWP No. 12591 of 1994 where result was declared on 22/08/1994, the dated fixed for admission. We shall deal with that case separately.