MAHEEPINDER SINGH MAHAL & OTHERS; NAVJOT KAUR; GURSIMRAN SINGH; SAHILDEEP SINGH BHATIA Vs. STATE OF PUNJAB & OTHERS

JUDGEMENT

(1.) Petitioners are aggrieved of notice dated 4.8.2009 issued by the Punjab Technical University, Jalandhar, published in 'The Tribune' for conducting counselling for admission to 1st year of B. Tech/B. Pharma on the basis of inter se merit in the qualifying examination (10+2 or diploma in Engineering/Pharmacy). Vide the aforesaid notification the dates for holding counselling for General and Reserved categories have notified. These dates were however, postponed and a fresh notice has been issued on 9.8.2009 published in 'Sunday Tribune', whereby the fresh dates of counselling for the same categories of candidates were notified from 11.8.2009 to 17.8.2009.

(2.) Petitioners in all these petitions are desirous of seeking admission in Engineering Courses. The State of Punjab issued notification for conducting Common Entrance Test-2009 (herein after referred to as CET-2009) for admission in Engineering Colleges/universities in the State of Punjab. The advertisement issued in various news papers and a prospectus containing mode, terms and conditions for the CET was also issued. The eligibility conditions for appearance in CET-2009 as notified was having passed 10+2 examination or appeared in the said examination in science stream with English, Physics, Chemistry and Mathematics. All the petitioners applied in the prescribed form and were allotted roll numbers. Consequently, they appeared in the CET-2009. The rank of the petitioners in CWP No. 12024 of 2009 is 1951, 9199, 4363 and 4206 respectively. General rank of petitioner in CWP No. 12023 of 2009 in the CET-2009 is 5294. In CWP No. 12025 general rank is 2997, whereas in CWP No. 12204 of 2009 the rank of the petitioner is 6017. Respondent No. 2 was appointed as the Agency/competent authority to conduct CET-2009 examination vide Punjab Govt. Notification dated 27.3.2009 (Annexure P-2) in respect of the Engineering and Architecture Degree Courses and in respect of B. Pharmacy Degree Course for the institutions/colleges located in the State of Punjab for the academic session 2009-10. As per the prospectus issued by the respondent-university the CET was to be conducted for admission to various institutions affiliated with respondents Punjab Technical University, Jalandhar, Guru Nanak Dev University, Amritsar, Punjabi University, Patiala and Punjab Agricultural University, Ludhiana. The eligibility criterion is prescribed in part B of the prospectus for CET- 2009. It is provided that for admission to Engineering/Architecture Course 85% seats shall be opened to the candidates from within the State and 15% to candidates from outside the State. For admission to degree level Engineering/Technology Courses, certain general conditions have been prescribed. The conditions relevant for the purposes of these petitions are reproduced hereunder :

(3.) Counselling for 15% seats for general category will be held first followed by counselling for reserve category. For 15% category, seats remaining vacant in 85% quota will be transferred to 15% quota in the respective category, as applicable. Seats still remaining in unfilled under respective reserve categories and general category even after the end of counselling shall be transferred to management quota seats under the respective reserve categories and general category.