KARUN DHAWAN Vs. STATE OF PUNJAB

JUDGEMENT

(1.) By this appeal the appellant seeks to challenge the legality and correctness of the judgment and order dated February 17, 1992 passed by learned Single Judge in Civil Writ Petition No. 12680 of 1991.

(2.) Controversy in this writ petition relates to admission in Polytechnic Technical Institutions in the State of Punjab of the children of the serving staff of the Technical Education Department, there is no dispute that the appellant passed his senior secondary Examination Part-II in March, 1991 and secured 276 marks out of 450 marks (60 per cent). Father of the petitioner, Shri R.K. Dhawan at the relevant time happened to be working as Head of the Department of Mechanical Engineering at Mehar Chand Polytechnic, Jalandhar. This is an aided institution by the Government of Punjab and is affiliated to the State Board of Technical Education, Punjab. Petitioner was desirous of securing admission to the Engineering course.

(3.) The Government of Punjab vide its letter dated 28th of August 1987 'Annexure P- 5' reserved 2 per cent of seats for admission in Polytechnics-Technical Institutions in the State for the children of serving staff of the Technical Education Department. The prospectus issued by the Government Engineering College. Bhatinda for the session 1991-92 also indicated reservation of 2 per cent of seats pursuant to the Govt. Letter dated 28.8.1987 Annexure P-5'. It is also made clear in para 3 of the prospectus that the reservation for other categories will remain unchanged during the year 1991-92. The appellant failed to secure the admission in terms of Govt, letter 'Annexure P-5' and consequently, he filed civil writ petition No. 12680 of 1991 in this Court. At the motion stage on 6.9.1991, the court passed the following order: -