SACHIN GAUR Vs. PUNJAB UNIVERSITY PATIALA

JUDGEMENT

(1.) SACHIN Gaur through present writ petition (bearing C.W.P. No. 9979 of 1995) filed by him under Article 226 of the Constitution of India seeks issuance of writ in the nature of mandamus directing the respondents to consider his candidature and admit him in Sant Longowal Institute of Engineering and Technology, Longowal in degree course in Engineering in on the basis of his high merit, i.e. 8th Position @page -PunjHar110 in the Entrance Test that was conducted for admission to the course in question. The claim of other petitioners in Civil Writ Petition Nos. 9926, 9943, 10038, 10416, 10928, 11663 and 12061 of 1995 is absolutely identical. Obviously, common questions of law and fact are involved in all these petitions and, therefore, we propose to deal with and decide all the writ petitions by a common judgment. The facts have, however, been extracted from Civil Writ Petition 9979 of 1995 (Sachin Gaur v. Punjabi University).

(2.) PETITIONER , it appears, has brilliant academic record. He did his 10+2 examination from Digamber Jain Inter College, Baraut after which he joined Kanhiya Lal Bahudandi Institute, Rurkee for doing his diploma in Electronic Engineering. The said institute is affiliated to the U.P. Board of Technical Education at Lucknow. The petitioner secured 711 marks out of 1000 i.e. 71.1% in the first year and in the second year he secured 785 marks out of l100 which is about 72%. He had taken the final examination in diploma in May, 1995 and was expecting his result in time. Desirous of seeking admission in degree in Engineering, he applied to Sant Longowal Institute of Engineering and Technology, Longowal, District Sangrur - respondent No. 2 herein, in the form specified clearly mentioned that he had taken his final examination result whereof was awaited. On the basis of the information given by him in the form with regard to his educational qualifications as also that he had already taken the final examination of the diploma, he was permitted to appear in the Entrance Test which, concededly, is prescribed for securing admission to do degree in Engineering with the respondent -institute. In the Entrance Test, petitioner secured 8th position and was entitled to be admitted to the course in Electronic and Communication Engg. The interview, which was only a formality and wherein only relevant certificates had to be shown, was slated for July 17, 1995. The petitioner did appear for interview was not given admission on the sole ground that the result of final year of diploma course that he had taken in Uttar Pradesh had so far not been declared. It is the case of the petitioner that due to the Uttrakhand agitation in the State of Uttar Pradesh, the examinations took place a little late and the results were expected to come around August, 1, 1995. The petitioner in terms explained his difficulty to the Director of the respondent -Institute and requested that he may be atleast considered for provisional admission in the course under contention. In support of his plea, as aforesaid, petitioner also pleaded with the Director of the Institute that there was every reason to accommodate him particularly when the results of the students of respondent -Institute itself had also not been declared. In that regard, it was pleaded that there would be no student seeking vertical entry into the course, from the institute itself on the date when the petitioner appeared for interview or even for that matter when the classes would start and, therefore, there was no logic in denying admission to him on the sole ground that the result of his qualifying examination had so far not been declared. Petitioner had even approached the Principal of K.L. Polytechnic College, Roorkie from which institution he had taken his final examination of diploma requesting him that results should be declared without much delay. However, when the petitioner, despite his entreaties as mentioned above, was unable to secure admission in spite of his merit in the Entrance Test, he approached this Court through present petition under Article 226 of the Constitution of India, for the relief as mentioned above.

(3.) THE matter has been contested by the respondent -Institute and in the written statement filed by it, it has been pleaded that the writ is not maintainable as there is no violation of Article 14 of the Constitution of India. In fact, the petitioner did not pass the qualifying examination on the admission date i. e. July 17, 1995. Petitioner was provisionally allowed to sit in the Entrance Test as per Clause 3.3 contained in the Prospectus -cum -Information Brochure which reads as follows : - - "The eligibility conditions for admission to the certificate, diploma and degree programmes are given in Sections 21. 1(a), 2.2(a) and 2.3(a) respectively. Candidate, appearing in the qualifying examination before June, 1995, may be considered provisionally to appear in the Entrance Test. Their admission is subject to production of certificate of their having qualified the qualifying examination, before the admission date, failing which their candidature shall be deemed to have cancelled". On the strength of the aforesaid, it is further the case of respondent -Institute that only those candidates could be admitted who produced certificates of having passed the qualifying examination at the time of admission. The facts of the case, as have been reproduced above, have not been disputed but for that the petitioner did not secure 8th position but he secured 11th position in the Entrance Test. Insofar as the contention of the petitioner with regard to non -declaration of the results of the students for the qualifying examination from the respondent -Institute is concerned, it is pleaded that there is vertical mobility system for the students of the respondent -Institution which is entirely different and it has no connection with the direct entry system. In vertical mobility system, 50% students of one Module are entitled for promotion to the higher module as per the merit list whereas in direct entry system, any body, who fulfills the eligibility conditions as laid down in clause 3.2(a) can compete and get admission in the degree course.