REGIONAL ENGINEERING COLLEGE, KURUKSHETRA Vs. JAGAR SINGH

JUDGEMENT

(1.) This petition has been preferred against the order dated 3rd October, 1997, passed by Additional District Judge (II) Kurukshetra. By this order, the learned Additional District Judge has modified the earlier order of stay dated 14th August, 1997, and has directed the Regional Engineering College, Kurukshetra (appellant herein) to accommodate Jagar Singh and Joginder Singh on two seats.

(2.) Briefly stated, the facts of the case are that Jagar Singh, Joginder Singh Sandhu and Dharam Pal filed a suit for declaration to the effect that they were entitled to be admitted to B.E. (Mechanical Engineering) course for the year 1994-1995 in the Regional Engineering College, Kurukshetra and defendants Nos. 2 to 14 were not entitled to be admitted in the said course with consequential relief for mandatory injunction directing the defendant College to admit the plaintiffs to B.E. (Mechanical Engineering) course. Vide judgment dated 31st March, 1997, the learned Additional Civil Judge (Senior Division) Kurukshetra decreed the suit of the plaintiffs and held that the admission of defendant Nos. 2 and 6 to the course of B.E. (Mechanical Engineering) was liable to be cancelled and that the plaintiffs Nos. 1 and 2 (Jagar Singh and Joginder Singh Sandhu) being next in the merit were entitled for the admission to the said course. By this judgment, defendant college was directed to cancel the admission of defendants Nos. 2 and 6 and grant admission to plaintiffs Nos. 1 and 2 in the year 1997-1998. The defendant college was further directed to keep two seats out of the seats meant for sponsored-in-service candidates reserved for plaintiffs Nos. 1 and 2.

(3.) The defendant/petitioner-College filed appeal before Additional District Judge, Kurukshetra against the judgment dated 31st March, 1997 passed by the learned trial Court. The plea taken by the petitioner/college before the learned lower appellate Court was that the learned trial Court could not order reservation of two seats for the plaintiffs Nos. 1 and 2 for the session 1997-1998 in lieu of the seats to which the plaintiffs were entitled during the academic year 1994-1995. It may be relevant to note here that vide ex parte order dated 14th August, 1997, the learned Additional District Judge Kurukshetra ordered the stay of the operation of the judgment and decree dated 31.3.1997 passed by the learned trial Court pending the decision in the appeal. After hearing the learned counsel for the parties, the aforesaid order dated 14.8.1997 was, however, modified and the interim stay granted on 14.8.1997 was vacated vide the impugned order dated 3rd September, 1997.