GUNJAN KAPOOR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) In this writ petition the Petitioner claims for the following reliefs:

(2.) The short facts necessary for understanding the issue raised in this writ petition are as follows:

(3.) The advertisements were made in various Dailies during the week of July, 1998. In Admission Notice published in the English Trihune dated July 17,1998 issued by College of Engineering, Kala Amb (Respondent No. 5) under the authorization of Himachal Pradesh University (Respondent No. 4) it was provided that Admissions for all categories, candidates must obtain Prospectus and admission Brochure, available on payment of Rs. 360/- and by post Rs. 400/- from IITT College Campus Counter Kala Amb, District Sirmour, Himachal Pradesh University, Summer Hills, Shimla or 119, Indira Prakash Building, 21 Barakhamba Road, New Delhi or College Faculty House 3096 Sector 21-D, Chandigarh. It was also mentioned that the Bank Draft should be in the name of IITT College of Engineering, Kala Amb It was also made clear in the advertisement that 'Application From' along with all required documents must reach the office of Deputy Registrar, IITT College of Engineering at Kala Amb latest by 5 p.m. On 22nd July, 1998. The total seats in the College were 140. According to the Admission Brochure of Regional Engineering College, Hamirpur, the last date for receipt of Application Form complete in all respects were required to reach at Regional Engineering college along with fee of Rs. 500 each for general and other categories and Rs. 150/- each for Scheduled Caste and Scheduled Tribes categories on or before 15th May, 1998. The Rules for eligibility for various Institutions have been laid down in paragraph 4 of the Brochure. For admission to Regional Engineering College, Hamirpur and Himachal Pradesh Quota seats, candidates should have either passed 10+2 standard examination of Himachal Pradesh Board of School Education or its equivalent or appearing in the above said examination in March/April 1998 with Physics, Chemistry, Mathematics and English as compulsory subjects. Similar eligibility criteria was also applicable for admission to IITT College of Engineering, Kala Amb as well as for admission to Engineering Colleges other than Regional Engineering Colleges through nomination by Himachal Pradesh Government. The Rules for conduct of CPET examination have been separately dealt with under paragraph 5 of the Information Brochure issued by Regional Engineering College, Hamirpur, Respondent No. 3). The criterion for submitting applications have been given in detail in paragraph 6 of the Brochure. The candidates were required to submit separate application forms for seeking admission to Respondent No. 3-College and the candidates intended to seek admission to Respondent No. 5 College were required to apply separately to the Principal of the College after obtaining Application Form Prospectus from the concerned Principal by the due date as may be notified by the Principal of the College and submit the same to him on the fixed date prescribed in the Prospectus. The candidates who were appearing in CPET to be conducted by the Regional Engineering College, Hamirpur and intended to seek admission in various other Engineering Colleges through nomination by Himachal Pradesh Government were separately and necessarily required to submit the applications to the Director, Technical Education, Vocational and Industrial Training, Himachal Pradesh, Sunder Nagar by the due date as may be notified by the Himachal Pradesh Government and submit the same to him at the appropriate time. It is clearly stipulated in paragraph (vii) in capital letters that candidates were advised to mail the application well in time. The College will neither make any allowance for postal delay nor for any irregularities in submitting the application. The College also does not entertain any correspondence in this regard.