Civil Appeal Nos 3779 3653 66 3524 3528 3054 of 1982  CA No 4066 of 1983
Appeals by Special leave from the Judgment and Order dated the 14th September 1982 of the Punjab  Haryana High Court in CWP Nos
3669 3706 3499 3443 3498 3919 3958 3525 3750 3912 3572 3663 3680 3731 3566  3750 of 1982 respectively
803 Kapil Sibbal RC Pathak and Atul C Jain for the Appellant in CA
377982 CAs
3653 6782  for the Respondents in rest of the Appeals
PR Mridul and RK Anand for the Appellant in CAs
3524 26 of 1982
Prem Malhotra and Sarva Mitter for the Appellant in CA
352782
Rameshwar Dayal for the Appellant in CA
352882
Mrs J Wad for the Appellant in CA
305482
Randhir Jain for the Intervener
Wadhwani A Minocha PC Khunger Harbans Lal NK Aggarwal for the Appellants in CA
406583 RK Jain PK Jain AK Goel KK Mohan Randhir Jain PR Mridul Ravi Kant Chadha and KB Rohatgi for the appearing Respondents
The Judgment of the Court was delivered by CHANDRCHUD CJ
Eight candidates were admitted to the Punjab Engineering College Chandigarh for the academic year 1982 83 by what is described as the spot test
Their admission has been struck down by the Punjab and Haryana High Court on the ground that it is contrary to the rules and regulations governing admissions to the institution
We are of the opinion that since these students have already completed one or two semesters it will be unjust to cancel their admission at this stage and to remove their names from the rolls of the College
We therefore direct that they will be allowed to continue their further studies in the College uninterrupted
By the same standard even though the admission of seven wards of the employees of the Punjab Engineering College has been quashed by the High Court on the ground that such admissions are contrary to the relevant rules of admission it will not be fair to cancel their admission at this stage
They have also like the eight spot test students completed either one or two semesters of the academic year 1982 83
They will be allowed to continue their further tudies in the College uninterrupted
804 The admission granted to the candidate Ashok Kumar Kaushik has also been struck down by the High Court but he too will be allowed to continue his further studies in the College
We cannot apply to him a different standard than the one which we have applied to the fifteen candidates referred to above who are being allowed to continue their studies as if their admission to the College suffered from no defect of illegality
Cases like these in which admissions granted to students in educational institutions are quashed raise a sensitive human issue
It is unquestionably true that the authorities who are charged with the duty of admitting students to educational institutions must act fairly and objectively
If admissions to these institutions are made on extraneous considerations and the authorities violate the norms set down by the rules and regulations a sense of resentment and frustration is bound to be generated in the minds of those unfortunate young students who are wrongly of purposefully left out
Indiscipline in educational institutions is not wholly unconnected with a lack of sense of moral values on the part of the administrators and teachers alike
But the problem which the courts are faced with in these cases is that it is not until a period of six months or a year elapses after the admissions are made that the intervention of the court comes into play
Writ Petitions involving a challenge to such admissions are generally taken up by the High Courts as promptly as possible but even then students who are wrongly admitted finish one or two semester of the course by the time the decision of the High Court is pronounced
A further appeal to this Court consumes still more time which creates further difficulties in adjusting equites between students who are wrongly admitted and those who are unjustly excluded
Inevitably the Court has to rest content with an academic pronouncement of the true legal position
Students who are wrongly admitted do not suffer the consequences of the manipulations if any made on their behalf by interested persons
This has virtually come to mean that one must get into an educational institution by means fair or foul once you are in no one will put you out
Law s delays work their wonders in such diverse fashions
We find that this situation has emboldened the erring authorities of educational institutions of various States to indulge in violating the norms of admission with impunity They seem to feel that the Court will leave the admissions in fact even if the admissions are 805 granted contrary to the rules and regulations This is a most unsatisfactory state of affairs
Laws are meant to be obeyed not flouted
Some day not distant if admissions are quashed for the reason that they were made wrongly it will have to be directed that the names of students who are wrongly admitted should be removed from the roll of the institution
We might have been justified in adopting this course in this case itself but we thought that we may utter a clear warning before taking that precipitate step
We have decided regretfully to allow the aforesaid sixteen students to continue their studies despite the careful and weighty finding of the High Court that at least eight of them namely the seven wards of employees and Ashok Kumar Kaushik were admitted to the Engineering Course in violation of the relevant rules and regulations
It is strange that in all such cases the authorities who make admissions by ignoring the rules of admission contend that the seats cannot correspondingly be increased since the State Government cannot meet the additional expenditure which will be caused be increasing the number of seats or that the institution will not be able to cope up with the additional influx of students
An additional plea available in regard to Medical Colleges is that the Indian Medical Conucil will not sanction additional seats
We cannot entertain this submission
Those who infringe the rules must pay for their lapse and the wrong done to the deserving students who ought to have been admitted has to be rectified
The best solution under the circumstances is to ensure that the strength of seats is increased in proportion to the wrong admissions made
Since in this case eight students and perhaps sixteen were wrongly admitted we direct that over and above sanctioned strength for the next academic year commencing in July 1983 sixteen additional seats shall be created to which sixteen students shall be admitted to the Punjab Engineering College from the lists which were prepared for the 1982 83 academic year
These sixteen seats shall be apportioned in an equal measure between the local students belonging to Chandigarh and the general group of students belonging to areas outside Chandigarh
That is to say eight students will be admitted from the Chandigarh List of students and eight from the General List of students which were prepared for the last academic year viz 1982 83
806 The only question which survives is whether the sixteen writ petitioners should be admitted to those sixteen seats or whether admission to those seats should be strictly in accordance with merit
We are unable to accept the submission made by the petitioners that they should be preferred for admission irrespective of merit
The circumstance that they filed writ petitions in the High Court but others similarly aggrieved did not will not justify the granting of admission to them by ignoring those others who were higher up in the merit list
When a similar question arose before this Court in State of Kerala vs Kumari TP Roshana1 the Court directed the State Government to admit thirty more students
Krishna Iyer J observed The selection of these 30 students will not be confined to those who have moved this Court or the High Court by way of writ proceedings or appeal
The measure is academic excellence not litigative persistence
It will be thrown open to the first 30 strictly according to merit measured by marks secured In Ajay Hasia etc
vs Khalid Mujib Sehravardi 2 the State Government the College and the Society which was running the College all agreed before this Court that the best fifty students out of those who had applied for admission for the academic year 1979 80 and who had failed to secure admission would be granted admission for the academic year 1981 82 and that the seats allocated to them would be in addition to the normal intake of students in the College
In Arti Sapru vs State of Jammu and Kashmir  Others3 after allowing the writ petitions of candidates who were wrongly denied admission to the Medical Colleges it was observed by one of us Pathak J that The candidates who will be displaced in consequence have already completed a few months of study and in order to avoid serious prejudice and detriment to their careers it is hoped that the State Government will deal sympathetically with their cases so that while effect is 807 given to the judgment of this Court the rules may be suitably relaxed if possible by a temporary increase in the number of seats in order to accommodate the displaced candidates
 The authorities were directed by this Court to fill up the additional vacancies on the basis of open merit
 Following these decisions we direct that admission to the 16 additional vacancies for the academic year 1983 84 shall be made in accordance with merit on the basis of the lists which were prepared for the academic year 1982 83 for the Chandigarh group of students and the general group of students
We must add that though we are satisfied that the admission of seven wards of employees of the College and of Ashok Kumar Kaushik is contrary to the rules and regulations we have not examined the correctness of the finding of the High Court in regard to the alleged illegality of the admission of the eight students who were admitted by the test of spot selection
We will only reiterate as to this latter class of admissions that the conduct of the authorities charged with the duty of making admissions to educational institutions has to be above suspicion
They cannot play with the lives and careers of the young aspirants who standing at the threshold of life look to the future with hope and expectations
The appeals will stand disposed of in accordance with this order


Summary:
Admissions to the Punjab Engineering College Chandigarh for the academic year 1982 83 granted to eight candidates by what is described as the spot test method to seven wards of the employees of the Punjab Engineering College and another were struck down by the Punjab High Court as in violation of the rules and regulations governing admissions to the institution
However the students wrongly admitted were allowed to continue their studies on humanitarian grounds
Hence the appeals after obtaining special leave of the Court
Disposing of the appeals the Court  HELD 11 Since all the sixteen students wrongly admitted have already completed one or two semesters it will be unjust to cancel their admission at this stage and to remove their names from the rolls of the College and therefore they must be allowed to continue their studies as if their admission to the College suffered from no defect or illegality
803 F G 12 Cases like these in which admissions granted to students in educational institutions are quashed raise a sensitive human issue
It is unquestionably true that the authorities who are charged with the duty of admitting students to educational institutions must act fairly and objectively
If admissions to these institutions are made on extraneous considerations and the authorities violate the norms set down by the rules and regulations a sense of resentment and frustration is bound to be generated in the minds of those unfortunate young students who are wrongly or purposefully left out
On the other hand students who are wrongly admitted do not suffer the consequences of the manipulations if any made on their behalf by interested persons
804 B D F 13 Law s delays work their wonders in such diverse fashions with the result that the courts find it difficult to adjust equities between students who are wrongly admitted and those who are unjustly excluded
Since by the time the High Courts take up the matter and finally decide the cases students who are 802 wrongly admitted finish one or two semesters of the course and the courts are regretfully perforced to allow them to continue their studies
804 F G The court observed that this situation has emboldened the erring authorities or educational institutions of various States to indulge in violating the norms of admission with impunity
They seem to feel that the courts will leave the admissions in tact even if the admissions are granted contrary to the rules and regulations which is a most unsatisfactory state of affairs
Laws are meant to be obeyed not flouted
Some day not distant if admissions are quashed for the reason that they were made wrongly it will have to be directed that the names of students who are wrongly admitted should be removed from the rolls of the institution 804 H 805 A B 21 The contention that the seats cannot correspondingly be increased since the State Government cannot meet the additional expenditure which will be caused by increasing the number of seats or that the institution will not be able to cope up with the additional influx of students cannot be accepted
805 C D 22 Those who infringe the rule must pay for their lapse and the wrong done to the deserving students who ought to have been admitted has to be rectified
The best solution under the circumstances is to ensure that the strength of seats is increased in proportion to the wrong admissions made
805 E F The court directed that 8 seats should be for the students from the Chandigarh list and the other 8 seats from the General List of students which were prepared for the academic year 1982 83
805 G H 3
The reservation of the sixteen seats are not open exclusively to the writ petitioners
The circumstance that they filed writ petitions in the High Court but others similarly aggrieved did not will not justify the granting of admission to them by ignoring those others who were higher up in the merit list
806 A B The Court directed the authorities to fill up the additional vacancies on the basis of open merit State of Kerala vs Kumari TPRoshana   Ajay Hasia etc
vs Khalid Mujib Sehrawardi  Arti Sapru vs State of Jammu and Kashmir and Ors   followed