PRIYANKA PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS writ application under Art. 226 of the Constitution of India has been filed by a student who took the Combined Engineering Competitive Examination, 1999 (hereinafter referred to as the Examination 1999) conducted by respondent No. 2 on 4 -7 -99. Results have been published on 14 -8 -99 and the petitioner by virtue of her position on merit has been admitted to one of the engineering courses in the Bihar College of Engineering, Patna. The grievance of the petitioner is that Respondents have not prepared the result and offered admission to the students of Patna University on a preferential basis as per institutional preference provided by Clause -14.4 of the Prospectus published by the Respondent for the examination of 1999, a copy whereof is Annexure -1 to the writ application. According to petitioner Clause -14.4. of the prospectus if implemented by the respondents may enable her to get admission into a course or branch of Engineering of her choice. Accordingly, prayer has been made in the writ petition to direct the respondents to republish results and grant admission afresh by giving institutional preference to the students of Patna University against fifty percent seats in the Bihar College of Engineering, Patna.

(2.) ALTHOUGH processes of Counselling for admission into Bihar College of Engineering was not stayed by this Court but by order dated 29. -10 -1999, this Court observed that the Counselling was going on but the same will be subject to result of the writ petition. Admittedly, Counselling stage is over and the students have been admitted on all the seats in Bihar College of Engineering as per decision of the respondents, that is on the basis of merit -cum -choice without providing for institutional reservation as mentioned in Clause 14.4 of the prospectus.

(3.) THE facts of the case do not require any discussion because the issue arising in this case is mainly one of law that is whether the respondents could have ignored the provision in the prospectus with regard to institutional preference for the student of Patna University in the matter of admission into Bihar College of Engineering, Patna pursuant to an executive decision which has admittedly been taken after results of the Examination of 1999 had already been published.