1 91 1 IN THE FHGH COURT OF PUNJAB HARYANA AT CHANDIGARH Al j 1e CWP No2024 of2009 SinghMahal 8cothers ePetitioners Versus StateofPunjab c others 2 CWP No 12025of2009 m C NavjotKaur Petitioner 0 Versus 0 State ofPunjab and others C5 3 CWPNo12023of2009 Gursimran Singh Petitioner Versus StateofPunjabandothers 4 CWP No 12204of2009 08 Singh Bhatia Petitioner Versus 7 Stateof Punjab and others CORAM HONBLE MRJUSTICE PERMOD KOHLI Presentl Mr PS Dhaliwal Advocate Mr Arun Bansal Advocate C1 Mr Amrit Paul Advocate 848 PERMOD KOHLIJ IORALI Petitioners are aggrieved of notice dated482009 issuedbythe PunjabTechnical UniversityJalandhar 111The Tribune for conducting counselling for admissionto 1 year ofBTechlBPharma on the basisofinter se merit in the examinatior1042 or diplomain Anita 2014.04.02 14: 30 True Scanned Copy Of The Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:24 I attest to the accuracy and integrity of this document 92 CWP No 12024 of2009 2 Vide the aforesaidnotification the dates for holding counselling for General and Reserved havebeen notified Thesedateswere however and a freshnotice has been issuedon t182009 111 SundayTribune wherebythe fresh dates of for the same of candidates were notified from 11 112009 to 172009 Petitioners in all these petitionsare desirous of seeking admissionin Engineering Courses The Stateof Punjab issued notication for Common Entrance Test2009 herein after refened to as CET 2009 for admissionin Engineering in theState of Punjab The advertisement issued in various news papers and a containing mode terms and conditionsfor the CET was also issued The eligibility conditions for in CETm2009as notified was havingpassed1042examinationor appeared in the said examinationin science stream with EnglishPhysics and Mathematics All the petitionersapplied in the prescribed form and were allotted roll numbers theyappeared in the CET2009 The rank of the petitioners 111CWP No2024 of 2009 1S 1951 9199 4363 and 4206 General rank of petitioner in CWP No 12023of 2009 in the CET2009 1S 5294 In CWP No 12025generalrank is 2997 whereasin CWP No12204 of 2009 the rank of the petitioner is 6017 no2 was appointed as the to conduct CE2009 examinationvide PunjabGovt Notificationdated2732009 P29in respectofthe and ArchitectureDegreeCoursesand in respect DegreeCourse for the locatedin the StateofPunjabfor the academicsession200940 As per the prospectusissuedbythe 4 Anita 2014.04.02 14: 30 True Scanned Copy Of The Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:24 I attest to the accuracy and integrity of this document 93 pJ CWP No 12024of2009 3e the CET was to be conductedfor admission to vanous institutionsaffiliatedwith Punjab Technical University Jalandhar Guru Nanak Dev UniversityAmritsar PunjabiUniversity Patiala and Punjab Ludhiana The eligibility criterion is in part B of the prospectusfor CET2009 It 1S m providedthatfor admission to Courses 850Ioseats t shall be openedto the candidatesfrom within the State and 150Ioto 0 C candidatesfrom outside the State For admission to degreelevel Courses certatn generalconditions have been 0 prescribedThe conditionsrelevant for the purposesof thesepetitions are hereunder General Conditionsl 0 iv in CETe2009shall be for students 08 claiming seats under 850Ioquotareserved forIPunjab residents Students claiming seats under150Ioquotareservedfor outsidePunjabcandidatesare W3 requiredto take up AIEEE theyare from CETe2009 If a candidateis not ableto produce his residencyhelsheshall be consideredfor 15IocategorYe v Admissionsto the and Architecture courses both for 85Io seats for residentof Punjaband 150Ioseats for outsiders shall C be made strictlyon the basis of CET2009 and AIEEE 2009 and in case seats not beingfilled underrespective eligibility may be consideredon any of the two entrance examinations If the candidates from entrance examinationie CETIAIEEE are not available the dmission can take placeon the inter se merit in qualifying examination vil for 850Ioseats for Punjab residentsshall be Anita 2014.04.02 14: 30 True Scanned Copy Of The Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:24 I attest to the accuracy and integrity of this document 94 44 CWPN 12024of2009 e4 taken up first followedby for 15 Io seats for outside Punjab candidates for 85Io General Categorywill be held flrst followedby for reservedcategory for 150Ioseats for generalcategorywill be held first followedby for reserve categoryFor 150Iocategoryseats remaining vacant in 850Ioquotawill be transferred to 150Ioquotain the m respective categoryas Seats still unfllled under 0 3 respective reserve and generalcategoryeven after the end of I shall be transferredto managementquotaseats under the C5 respective reserve and generalcategory The will makea publicnotice to thiseffect Z clearlythe no of seats vacant in each reserve categoryand C generalcategoryand fill the seats in that very categoryonly 08 After the abovesaid procedure ifstill the seats remainvacant in reservecategorythe can flll it from candidates A7 Z to generalcategory Admissionto such unSlledlvacantseats as well as Qm quotashall be Slmishedand finalized within 15 daysofthe last date of No extension shall be under any Ctrcumstances xvi Non refundable fee of Rs C Two Thousand c Five Hundred onlylwill be collectedbythe as fee from each student every time the candidateappearsfor in case of candidatesof quotano counselling fee will be charged From clause iv referredto above it is evident that appearance in CET2009 is for studentsclaiming seatsunder 850Ioquota Anita 2014.04.02 14: 30 True Scanned Copy Of The Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:24 I attest to the accuracy and integrity of this document 95 4P CWP No 12024of2009 5 andappearancein AIEEE is for thosestudentswho claim seats under 150Ioquotai reserved for outside Punjabcandidates Clause furtherprovides that the admissionto the and Architecture Courses bothfor 850Ioand 15Io seats shallbe madestrictly on the basis of the CET2009 and AIEEEe2009 It is 6mher that if the candidates from entranceexamination ie CETIAIEEE are not availablethe admissioncan be made on the basis of inter se merit in 0 examination Clause vo 61rtherlaysdownthatthe C to fill up 85Io seats forPunjab residentsshallbetaken up first followedby C5 for 15Io seats for outsidethe Punjabcandidatesand similarly the counsellingfor General Categorywill be held ftrst followed by for reserved It is furtherprovided that the seats still r rematning unfllIedunderrespective general and reservedl after 08 theend of counselIing shall be transfenedto quotaseats under the respective There is anotherconditionin the same clause mm which requiresthe to make a publicnotice indicating Qm clearlythe numberof seats vacant in eachcategoryie reservedand general afler the counselling and if seats remain vacant 111reservedcategorythe samecan be fllled up fromgeneralcategoryClause 6ix of the prospectus dealswith the seats fallingvacant aRercounselling or any dropout vacancy c1 and providefor fillingup of such seats under the quota the criteria ofadmission In tenns ofclause6xvi9referredto above a candidateis to pay a non refundablecounselling fee ofRs 25001 for appearancein eachcounselling The nolniversity notified the l counselling schedulevide its noticepublished on 762009 The l roundofonline Anita 2014.04.02 14: 30 True Scanned Copy Of The Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:24 I attest to the accuracy and integrity of this document 96 4 CWP No 12024 of2009 6 for admission to for collegesaffiliated111 the State for 850Ioand 150Ioseats was to be held between 972009 to 1372009 andsecond roundof f6r 85Ioseatswas scheduledto be held between372009 to 1332009 and second roundof against150Ioquotawas to bescheduleedbetween482009 to 582009 It is relevantto note that this was fixed for candidateswho had C lll CET20091AIEEE2009 and was 111 respectto alI the 0 locatedin the Stateof Punjaband affiliatedto Punjab C I Technical Jalandhar Guru Nanak Dev UniversityAmritsar C5 I Punjab UniversityLudhianaand PunjabiUniversityPatiala Thoughthe notificationwas issuedonlybythePTU Jalandharas a Nodal Z Agency This notice was followed by another notice dated 972009 whereby besidesnotifying the second round of online direct I 08 was also notified for BTechIBArchitectureand Bhamacy So far as theonline for 850Ioseats is concemedit was to be held Wn5 between1772009 to 1972009 and against150Ioquotabetween2972009 tl to 3172009 and direct was to be held for various between 1072009 to 1372009 for candidateswho ln CETIAIEEE2009 It was alsonotifledthat thedirectcounselling will also be held on 682009 for the students on the basis of 1042 examination C from 900 AM onwards The aforesaidnotiflcationwas followedbyanothernotice dated 42009 published in Dainik Bhaskar in its issue dated4009 whereby it hasbeennotifiedthat for admission to the courses in question will be on the basisof inter se merit in the examination 1042 examinationor diplomain between62009 to Anita 2014.04.02 14: 30 True Scanned Copy Of The Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:24 I attest to the accuracy and integrity of this document 97 1 CWP No 12024of2009 e7 882009 in themanner indicatedtherein The petitioners who appeared in CET2009 are seekingthe of the aforesaidnotice and a restrained order not to hold on the basis of 1042 examination or diplomaltl unless thestudentslike oetitionerswho 111 CET20091AIEEE are to seek admission It is contendedthat 1 r petitioners have not beenprovided chancealler the secondcounselling and 0 without affording them the the availablevacancies are being C I filled up on the basisof 1042 examinationor diploma in and C5 Pharmacy ie the examinationin contraventionto theprospectus the advertisementnotice as alsoin violation of the rightsof the e petitionersVide varlous intenm orders passedby this Court petitioners r were permitted to participate 111 the and the I a5 were directednot to declarethe resulttill furtherorders As a consequenceofthe aforesaidorders passedby this Coun 7 in thesewrit petitionsthe petitioners have been to 0m participate in the Mr Amrit Paul leamed counsel appearing for the hasstatedthat even seatslvacancies are also reservedfor thepetitioners on thebasisoftheir counselling has filed its reply It is soughtto be C projected that the candidateswho had appeared in CETIAIEEEe2009have beenprovided in two rounds of counselling and onlythereaRer the candidateson the basisofthe examinationhavebeen notiOed for counsellingThe have referredto the notification dated 972009 wherein the schedule for second online counselling has been notified and also the direct for various reservedcategories and Anita 2014.04.02 14: 30 True Scanned Copy Of The Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:24 I attest to the accuracy and integrity of this document 98 9J CWP No 12024of2009 8 for the candidateswho havenot in the CETIAIEEE2009 wef 682009 It is byMr Paul on behalfof the thatthe aforesaidnotice is sufficientindication that no candidatewho has in CETIAIEEE has come forwardfor and thus the availablevacancies are beingfllled up byprovidingthe to the candidates on the basisof the examinationin tenns of clause m L of the generalconditionsof Govt Notification dated 2732009 which 0 permitthe admissions on the basis of inter se merit in the qualifying 0 Z examinationifthe seats from entrance examinationie CETIAIEEE are not C I available It is contendedthat after the notiflcationof 972009 the Z noti8cati0ndated 82009 has beenissuedfor holdingcounselling on the r basis of the qualifying examination which has been in the 08 presentwrit petition Mr Paul has also referredto the Press Note dated 32009 exure issued in this regard 7 Z The short grievanceof the petitioners is that under the Ll the first has been givento the candidates who have appeared in CET2009 and AIEEE2009 andit is onlywhen no candidate who has appeared in CETIAIEEE2009 is Sheavailable unfilled vacancies r9 42 can be filled up on the basisof the examination It is argued on 1c behalf of the petitioners that after the 1 counselling the universitydid not noti67the vacancies and the courses nor even it was communicated by any publicnotice that no for CETIAIEEE candidates will be permitted after the second and without providing to the petitioners who have inCETe2009 the seats are beingfilled up in a clandestinemanner from the candidates Anita 2014.04.02 14: 30 True Scanned Copy Of The Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:24 I attest to the accuracy and integrity of this document 99 7 CWP No 12024 of2009 9 whodid not appearin CETIAIEEE2009 The havealsorefened to the press note issued by no iniversitywherein it is mentionedthat the counselling to be held on 6B2009 to 82009 on the basisof thequalifying examinationhas been keepingin view the interests of candidatesand due to the fact that collegeshad createdmess 1 informationof the seat allotment It is thus argued that the 1 petitioners had no infonnationabout the availabilityof the 0 coursesand seats afterthe second as it was never notified This 0 position1S admittedby Mr Paul appearing on behalf of C5 I that after the second counsellingthe availabilityof the seatslcourses was never notified It is also admittedpositionthat after the Z second or even priorto that the university nevernotifled that r there will be no for 6lrther afler thetwo roundsof thecounselling for the candidateswho have in CETIAIEEE2009 08 In the flrst notice dated702009 online for first and second a7 roundsfrom 972009 to 1372009 lrst round9and from 232009 to Z 2572009 secondround9against850Ioquotaand from42009 to 582009 tl second roundlagainst150Ioquotahasbeennotified There is no stipulation or condition that there will be no thereaer Even atler the aforesaidcounselling was completed when secondnotice dated972009 C issued online counselling and direct the number was ofunfllled vacanciesand the availablecourses hasnot been notied In the secondnotice itself the hasbeenorderedon the basis of 1042 and other qualifying examinationsand a schedulehas been fixed vide the impugned notice dated 82009 At no stageit was revealedthat there are unfilledvacanciesin any ofthe institutionsnor the candidateswho have Anita 2014.04.02 14: 30 True Scanned Copy Of The Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:24 I attest to the accuracy and integrity of this document 400 4 CWP No 12024of2009 10 in CETIAIEEE2009 were giventhe last chanceor communicated that there will be no counselling for them atler the secondcounselling Clause Oof theprospectusclearlyprovides for admission on the basisof CET2009 and AIEEE only Thoughunder clause theadmission on the basisof examination is subjectto the conditionsthat 1 no candidate who hasappeared in CETIAIEEE is available Since neither C the vacancieslcourses were even notifiedafterthesecondcounselling nor a 0 C3 general or publicnotice was issued to enablethe CETIAIEEE candidatesto Z seek against the availablevacanciesit cannot be said that no 0 candidateis available when it is a known fact that a large numberofcandidatesappearin CETIAIEEE In view of the abovecircumstances the have been r denied the of seeking their considerationfor admission against 08 the available vacancies even thoughtheyhave a rightbeing CETIAIEEE examineesas againstthe candidates who are beingadmitted ma Z on the basisof examination The have violated the with and may be for considerationotherthan merit as thesevacancies are to befllled up underthe quota There is no another importantaspect In the first notice the counselling was notified for all the institutions 111the State of Punjab er afflliated to PunjabTechnical UniversityJalandhar Guru Nanak Dev Amritsar PunjabiUniversityPatiala and PunjabAgricultural Ludhiana However the notification is for only for PunjabTechnical UniversityJalandhar afOliated colleges Nothing1S mentioned as to how the counsellingfor the affiliatedto other threeuniversitieswill be conducted Anita 2014.04.02 14: 30 True Scanned Copy Of The Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:24 I attest to the accuracy and integrity of this document 401 4 CWP No 12024of2009 m11 How the seats in colleges affiliatedto otheruniversitieswill be filled isnot known This amounts to Oll the part of the Punjab TechnicalUniversityJalandharand the eligibleinterestedcandidateshave been deprivedfrom seekingadmission through for the 4 affiliatedto otheruniversities Action is in contraventionofthe mandateofArticle 14 ofConstitutionofIndia m r In view of the abovecircumstances the notiflcation 0 0 dated42009 and the action of to hold on the basis of examination 61042examination or diploma111 C5 I without first the list of desirablelinterested candidatesfrom the CETIAIEEE examinees 1S hereby Z 2 quashed are directedto issue a publicnotice notifying the C number of unfllled vacancieslcoursesin all the institutions located in the I c6 State of Punjaband affiliatedto the concerned universities forthwithand give first to such of the candidateswho have appeared 111 W2 CETIAIEEE2009 for seeking considerationfor admissionagainst 85Io and tl 15Io quota by fixinga cut off date If after grantingadmission to CETIAIEEE candidatesanyseatslremainunfilled the admission maybemadeon thebasisofthe examination PERMOD KOHLII e JUDGE 85 e8e2009 lucky l Whether to be YeSe Cr1 7 Anita 2014.04.02 14: 30 True Scanned Copy Of The Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:24 I attest to the accuracy and integrity of this document