71 Il 1vMl IN THE HIGH COURT OF PUNJAB HARYANA AT 11 CINDIGARH 1e CWP No2024 of2009 Date ofDecisionl22009 SinghMahalc others ePetitioners Versus StateofPunjab 8 others 2 CWP No 12025of2009 e NavjotKaur Petitioner 0 Versus C State ofPunjab and others Respondents C5 3 CWP No 12023of2009 imranSingh ePetitioner Versus StateofPunjab and others Respondents 4 CWP No 12204of2009 otj SinghBhatia Petitioner Versus Z State ofPunjab and others Qw CORAM HONBLE MRJUSTICE PERMOD KOHLI Present Mr PS Dhaliwal Advocate Mr Arun Bansal Advocate CJ Mr Amrit Paul Advocate 488 PERMOD KOHLLORALI Petitionersare aggrieved of noticedated482009 issuedbythe PunjabTechnical Jalandhar ln The Tribune for conducting for admissionto 1 year ofBTechlBPharma on the basisofinter se merit in thequalifying examination 1042 or diplomain Singh Gagan Preet 2014.04.12 11: 44 TRUE SCANNED COPY OF ORIGINAL PHHC CHANDIGARH Sahil Soni 2016.03.21 12:25 I attest to the accuracy and integrity of this document 72 CWPNoe12024of2009 e 4 Vide the aforesaid notification the dates for holding for Generaland Reserved havebeennotified Thesedateswere howeverpostponed and a freshnotice has beenissued OIl 92009 publishedln SundayTribune wherebythe fresh dates of counsellingfor the same of candidates were notified from 1 1182009 to 1782009 m Petitioners 111 all these petitionsare desirous of 0 e3 C admissionin Courses The Stateof Punjab issuednotification for conducting Common Entrance Test2009 herein alter referred to as C CETe 2009 for admissionin in the State 9 Z of Punjab The advertisementissued in various news papers and a prospectuscontaining mode tenns and conditionsfor the CET was also 3 issued The eligibility conditions for appearancein CET2009 as notifled X ctj Was havingpassed1042 examinationor appeared in the said examination in Science stream with EnglishPhysics and Mathematics All the WA5 petitioners appliedin the prescribed form and were allotted roll numbers Qm theyappeared 111the CETe2009 The rank of the petitioners lIl CWP No 12024 of 2009 is 1951 9199 4363 and 4206 1 t General ratik of petitioner in CWP No 12023 of 2009 in the CET2009 1S 5294 In CWP No 12025general rankis 2997 whereasin CWP No 12204 Cam of 2009therankof thepetitioner is 6017 was asthe authority to conduct CET2009 examination vide PunjabGovt Notiflcationdated2732009 P lIl respectof the andArchitectureDegree Coursesandin respectof DegreeCourse for the locatedin the StateofPunjabfor the academicsession2009e10 As per the prospectusissuedbythe Singh Gagan Preet 2014.04.12 11: 44 TRUE SCANNED COPY OF ORIGINAL PHHC CHANDIGARH Sahil Soni 2016.03.21 12:25 I attest to the accuracy and integrity of this document 73 69 A CWP No 12024of2009 3 the CET was to be conductedfor admissi to vanous institutionsaffiliatedwith Punjab TechnicalUniversity Jalandhar Guru Nanak Dev Amritsar Punjabi Patiala and PunjabAgricultural Ludhiana The eligibility criterion 1S prescribedin part B of the prospectusfor CET2009 It 1S m provided thatfor admissionto Courses85Ioseats 0 shall be openedto the candidatesfrom within the State and 15Io to 0 C candidatesfrom outside the State For admission to degreelevel Courses v 2 214 C Certaln generalconditions have been X prescribedThe conditionsrelevantfor the purposesof thesepetitions are 4a Z hereunder Gneral Conditionsl A ivl in CETe2009shall becompulsory for students seats under85010quotareserved for Punjabresidents Students f seats under15Ioquotareservedfor outsidePunjabcandidatesare 7 Z requiredto take up AIEEE theyare exempted from CET2009 If a t1 candidateis not ableto producehis residencyhelsheshall be consideredfor 15Iocategory 9 Admissionsto the and Architecturecourses bothfor 85Ioseats for resident and 15Io seats for outsidersshall Ce be made strictly the basisof CET2009 and AIEEE 2009 on e and in case seats not beingfllled underrespective eligibility may be consideredon any of the two entrance examinationsIf the candidates fromentranceexamination ie CETIAIEEEare not availablethedmission examinatione vO for 85Io seats for Punjabresidentsshall be Singh Gagan Preet 2014.04.12 11: 44 TRUE SCANNED COPY OF ORIGINAL PHHC CHANDIGARH Sahil Soni 2016.03.21 12:25 I attest to the accuracy and integrity of this document 1 rl an 74 t1 CJ 9 n1nl 91 11 CWP No 12024of2009 4 4 Z J1Il taken I flrst followedby for 15 Io seats for outsidePunjab 91r2 4e S V candidates for 850IoGeneral Categorywill be held first followed bycounselling for reservedcategory 117 1 1 Counselling for 15Io seats for generalcategorywill be he1d first followedby for reserve categoryFor 150Iocategoryseats vacant in 850Ioquotawill be transfenedto 150Ioquotain the m f respective category as Seats still remaining unfllled under 0 C respective reserve and generalcategoryeven afler the end of counselling shall be transferred to managementquotaseats under the C5 X respective reserve and general category 1e Z The will makea publicnotice to this effect indicatingclearlythe no of seats vacant lIl each reserve categoryand general and flll the seats in that very particularcategoryonly otj After the abovesaid procedure if still the seats remain vacantlO reservecategorythe can fill it from candidates Z to generalcategory Admission to such unfllledlvacantseatsas well as Il quotashall be furnished and finalized within 15 daysof the last date of counsellingNo extension shall be under any 1 Circumstances xv0 Non refundable fee of Rs 25001 Rupees C Two Thousand c Five Hundred only will be collected bytheUniversity as fee from each student everytime the candidate appears for counselling of candidatesof quotano counselling 9 in case xee will becharged From clause ivl referredto above it is evidentthatappearance in CET2009 is for studentsclaiming seatsunder850Ioquota Singh Gagan Preet 2014.04.12 11: 44 TRUE SCANNED COPY OF ORIGINAL PHHC CHANDIGARH Sahil Soni 2016.03.21 12:25 I attest to the accuracy and integrity of this document r6 r 1 75 31 CJ 2 i3 4O I 1 CWPNo120240f2009 4 14 j e re 9l andappearancein AIEEE is for those who claim seats 7 4 under150Ioquotaie reservedfor outside Punjabcandidates Clause ll 4 furtherprovides that the admissionto the and ArchitectUre Coursesbothfor85Io and 15Io seats shall be madestrictlyon the basisof theCET2009 and AIEEE2009 It is further that if the candidatesfrom entrance examinationie CETIAIEEE are not 1 1 availablethe can be madeon the basis of inter se merit in 0 examination Clause further 1aysdown that the counselling C fillup 85Io seats for Punjabresidentshallbe taken up flrst followedby to C5 for 150Ioseats for outsidethe Punjabcandidatesand similarly 4m for Categorywill be held first followed by the Z forreserved It is furtherprovided that the seats still counselling 1 categoriesgeneraland reservec aner unfilled under quotaseats under theend of shallbe transferred to CO is anotherconditionin the same clause C the categorles noticeindicating J whichrequires the to make a Z the numberof seats vacant in eachcategoryle and L category the aRerthe and if seats remainvacant in 5 fllledup from categorYeClauseix of the samecan be 4 vacant aftercounselling orany dropout vacancy dealswith theseats cJ and for flllingup of such seats the quota In terms of clause xvOreferredto above thecriteriaof admission feeofRs 25001 acandidate for appearance ineachcounselling notifledthe l counselling The vide its notice on The 1 roundofonline Singh Gagan Preet 2014.04.12 11: 44 TRUE SCANNED COPY OF ORIGINAL PHHC CHANDIGARH Sahil Soni 2016.03.21 12:25 I attest to the accuracy and integrity of this document tS 17 411 76 4 0 1d CWP No 12024of2009 6 11 Ir 1 9rL for admissionto for collegesaffiliated 7 1 111 7i8 2i11 bso the Statefor 850Ioand 15Io seats was to be held between972009 to i N n 1372009 and second round of counselling for 85Io seats was scheduledto be held between 372009 to 1372009 and second round of counselling against15Ioquotawas to bescheduleedbetween482009 to 52009 It is relevantto note that this was flxed for candidates who had in CET20091AIEEE2009 and was 111 respectto all the 0 located in the Stateof Punjaband afOliated to Punjab CAo Technical UniversityJalandhar Guru Nanak Dev UniversityAmritsar C5 X Punjab UniversityLudhianaand PunjabiUniversityPatiala Tlgh the notificationwas issuedonlybythe PTU Jalandharas a Nodal Z This notice was followed by another notice dated 972009 t besides notifyingthe second round of online counsellingdirect counselling was alsonotified for BTechlBArchitecture and BPharmacy cfj 1 Q So far as the online for 85010seats is concemedit was to be held VD to 1972009 andagainst15010quotabetween2972009 between Z 3172009 and direct counselling wasto beheld for various categones to m for candidateswho ln between102009 to It was also notifiedthat the direct counsellingwill also CETIAIEEE2009 thebasis of 1042 examination be held 62009 for the stud6ntsOIl on C1 from900 AM onwards Theaforesaidnotification was byanothernoticedated in Dainik Bhaskar in its issue dated 482009 whereby been notifiedthatcounselling for admissiontothe courses in question it has basis of inter se merit in the 1042 will be on the between 62009 to Singh Gagan Preet 2014.04.12 11: 44 TRUE SCANNED COPY OF ORIGINAL PHHC CHANDIGARH Sahil Soni 2016.03.21 12:25 I attest to the accuracy and integrity of this document T 141 77 e 4 3 4 0 L 010d 641 CWP No 12024of2009 4 Z01 9 1 kr1 8S2009 in the manner indicatedtherein 5 V 1 Y n e 1 The who appeared ln CETe2009are seekingthe 1 4 of the aforesaidnotice and a restrained order not to hold 11 on the basis of 1042 examination or diploma lIl 1 4 Il unless the studentslike petitioners who appeared in S C CET20091AIEEE are pennitted to seek admission It is contendedthat tma r t 1 1 4 havenot beenprovided chanceafterthe secondcounselling and 6 1 Ps 0 without affording them the the available vacancles are being 1 filledup on the basis of 1042 examination or diplomain Engineering and C5 1c ie thequal7ingexaminationin contraventionto the prospectus e theadvertisementnoticeas alsoin violationof the rightsof the Vide various interim orders passedby this Court petitioners 4f and the were to in the were directednot to declarethe result till furtherorderse 05 Q0 Asa of the aforesaidorders passed by this Court mve in thesewrit petitions the petitioners have been to Z 1 1 in the counsellingMr Amrit Paul leamedcounselappeanng for the hasstatedthateven are also reservedfor thepetitioners on thebasisoftheir counselling has filed its replyeIt is sought to be 1 C thatthecandidateswho had in CETIAIEEE2009have in two roundsof andonlythereafler been thecandidateson thebasisofthe qualifying have been notifled The have to the notiflcationdated for 97009 wherein the for secondonline counsellinghas been 1r Singh Gagan Preet 2014.04.12 11: 44 TRUE SCANNED COPY OF ORIGINAL PHHC CHANDIGARH Sahil Soni 2016.03.21 12:25 I attest to the accuracy and integrity of this document 11 1 1260 1260 14 78 V2 4 J l tJ I 1 7 3 CWP No 12024of2009 8 4 d 11a r 1 Il for the candidateswho have not appeared in the CETIAIEEEe2009 wef 1 1 4t 1 682009 It is arguedbyMr Paul on behalfof the 1 thatthe aforesaidnotice is sufflcientindicationthat no candidatewho has 1 in CETIAIEEE has come forward for counselling and thus the available vacancies are beingfllled up byprovidingthe to the candidateson thebasisof thequaliTingexaminationin terms ofclause m C of the generalconditionsof Govt Notification dated 2732009 which 0 the admissions on the basis of inter se merit in the qualifying C X if the seats from entrance examinationlee CETIAIEEE are not C5 available 9 It is that after the notification of 972009 the Z notificationdated42009 hasbeenissuedfor holdingcounselling on the examinationwhich has been in the basis pf the Paulhas also referredto the Press Note dated writ petition Mr c5 OO 382009 Re213issuedin thisregard 1 40 that under the awm The short of the 1S Z theflrst has beengivento thecandidateswho have Q 1 and it is onlywhen no candidate in CET2009 and whohas 111 is 4he availableunfilledvacancies Ce It is argued on canbe fllledup on the basis of the qualifying C 1 atterthe l counsellingthe rV behalfof the that andthe courses nor even it was did not notil the vacancies communicatedbyany publicnotice that no for CETIAIEEE will be after thesecond counsellingand without 1 to the who have in CET2009 theseats are beingfllledUPina clandestine manner fromthecandidates Singh Gagan Preet 2014.04.12 11: 44 TRUE SCANNED COPY OF ORIGINAL PHHC CHANDIGARH Sahil Soni 2016.03.21 12:25 I attest to the accuracy and integrity of this document 3 nn4 79 114 1 n LJ J9 124 e n 1 2 CWP No 12024of2009 ee9 4 2S 9 t 7 I5 who did not appearin CETIAIEEE2009 Thepetitioners have alsorefened 4 to the press note issued by nolniversity wherein it is j mentionedthat the to be held on 682009 to 82009 on the l basisof thequalifying examinationhas been keepingin view the lnterests of candidatesand due to the fact that collegeshad created mess 1 informationof the seat allotment It is thus arguedthat the 0 petitioners had IlO informationabout the availabilityof the 0 coursesand seats aflerthe secondcounselling as it was never notified This C X positionis admittedby Mr Paul appearing on behalf of rspondente C5 that afler the second counsellingthe availabilityof the slcourseswasnever notifled It is also admittedpositionthat afterthe Z or even priorto that the university never notifled that therewill be no for further counselling afler the two roundsof thecounselling for the candidates who haveappeared in CETIAIEEE2009 ctj C In the first notice dated 762009 online counselling for flrst and second J from 972009 to 1372009 irst rount and from 2372009 to Z round against850Ioquotaandfrom 482009 to 52009 Q i secondround against10 hasbeennotified There is no that there will be no counselling thereafter Even after the or aforesaidcounselling was when secondnotice dated972009 CJ was issuednotiTingonline counselling anddirectcounsellingthenumber ofunfllledvacanciesandtheavailablecourses has not beennotiOed In the secondnotice itselfthe has been orderedon the basis of 1042 and other examinationsand a schedulehas been flxed vide the notice dated482009 At no stageit was revealedthat thereare vacanciesin any ofthe institutionsnor the candidateswho have Singh Gagan Preet 2014.04.12 11: 44 TRUE SCANNED COPY OF ORIGINAL PHHC CHANDIGARH Sahil Soni 2016.03.21 12:25 I attest to the accuracy and integrity of this document V 7 80 1 1 441 v1 4ti K CWP No 12024of2009 10 4t e7 appeared in CETIAIEEE2009 were giventhe last chance or communicated rr vfl that there will be no counselling for them after the second counselling r 1 Clause iv of the prospectusclearlyprovidesfor admission on the basisof 1 CET2009 andAIEEE only Thoughunderclause theadmission on the basisof quali7ingexaminationis permitted subjectto the conditions that no candidatewho has appeared in CETIAIEEE is available Since neither 1 the vacancieslcourseswere even notifled afterthe secondcounselling nora 0 C general or publicnotice was issuedto enablethe CETIAIEEE candidatesto X seek against theavailablevacanciesit cannot be said that no C5 candidateis available when it is a known fact that a large 4 Z numberofcandidatesappearin CETIAIEEE In view of the abovecircumstances the petitioners have been deniedthe of seekingtheirconsiderationfor admissionagainst 08 the availablevacancies even theyhave a rightbeing 00 CETIAIEEE examinees as the candidateswho are beingadmitted V examination The have violatedthe Z on thebasisof befor considerationother than merit as Qm with impugnity andmay these are to befilled up underthe quota There is no importantaspect In the flrst notice the counselling was notifiedfor a11the institutions 111the State of Punjab Ce1 afflliated to Technical UniversityJalandhar Guru Nanak Dev Univers7 Amritsar UniversityPatiala and Punjab Ludhiana However the notification is for only for Technical UniversityJalandhar affiliated colleges Nothing1S rnentionedas to how the counsellingfor the afflliatedto otherthreeuniversitieswill be conducted Singh Gagan Preet 2014.04.12 11: 44 TRUE SCANNED COPY OF ORIGINAL PHHC CHANDIGARH Sahil Soni 2016.03.21 12:25 I attest to the accuracy and integrity of this document 1 ll A ll CWP No 12024of2009 11 r 4 How the seats in collegesaffiliatedto other universitieswill be filled is not 4 11 known This amounts to on the part of the Punjab TechnicalUniversityJalandharand the eligibleinterestedcandidateshave been deprivedfrom seekingadmission throughcounsellingfor the j affiliatedto other universities Action of is in contraventionofthe mandateofArticle 14 ofConstitution ofIndia In view of the above circumstances the notification 0 dated 82009 and the action of to hold on the C basis of qualiTingexamination 042 examinationor diploma111 C without first the list of ablelinterested from the CETIAIEEE examineesis hereby Z are directed to issue a public notice notiringthe vacancieslcoursesin all the institutionslocatedin the numberof X ofPunjaband affiliated to the concerneduniversitiesforthwithand State Oll of the candidates who have 111 QO giveflrst to such A7 CETIAIEEEe2009forseekingconsiderationfor admissionagainst850Ioand Z quotaby fixing a cut off date If afler granting admission to 0a candidatesany seat remalll unfilledthe admission may bemadeon thebasisofthe qualiTing examinatlOIle 4 PE1UAODKOHLI1 JUDGE S e8e2009 lucky L Whether to be YeSe e nl 04 1 Singh Gagan Preet 2014.04.12 11: 44 TRUE SCANNED COPY OF ORIGINAL PHHC CHANDIGARH Sahil Soni 2016.03.21 12:25 I attest to the accuracy and integrity of this document