KULMANPREET SINGH Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) The petitioner has taken the Joint Entrance Test held by the Punjab State Board of Technical Education and Industrial Training, Punjab, Chandigarh in the year 1997. 25.4.1997 was the last date of receipt of the applications complete in all respects. Out of the total number of seats, 500 seats were declared as payment seats in the unaided Institutions Affiliated to the Board. The eligibility condition requires that the candidate should have passed the matriculation examination with Science, Mathematics and English subjects. Further condition provided is that ,the candidate should secure 40% marks in the aptitude test. The prescribed eligibility condition reads as under:-

(2.) The contention of the petitioner is that in other compulsory subjects the prescribed 15% marks can be relaxed/in the case of scheduled caste candidate to 10% for qualifying test, as such, the condition of40% marks in the aptitude test should be directed to be relaxed in the case of the petitioner and admission granted to him on such basis. The petitioner secured 106 marks out of 1000 marks. Learned counsel for the petitioner had taken time to examine the question, whether the members of the Scheduled Caste community can get relaxation from the minimum qualification prescribed for the Course. The Court had granted time to the petitioner vide order dated 22.9.1997. Even today, no provision has been brought to our notice which could even remotely imply that the candidate belonging to that category would be entitled to relaxation in regard to eligibility condition. On the contrary, the learned counsel has fairly conceded that no such provisions exist in the Brochure.

(3.) In Raj Singh Vs. Maharishi Daya Nand University, Rohtak, 1994 (4) Recent Service Judgments 289 the Full Bench of this Court has held that the terms and conditions of the Brochure have the force of law and are binding on the Authorities as well as on the candidates seeking admission to the Course or Entrance Test. Once the brochure does not stipulate that the relaxation could be given to any category in regard to eligibility condition, we are unable to appreciate the contention raised on behalf of the petitioner. The petitioner neither pleaded nor contended before us that he satisfied the eligibility condition as prescribed in the Brochure. Thus, even if it is assumed that the petitioner belongs to reserved category and had validly applied. Still he cannot claim admission to the Course on the strength of his own pleaded case.