Civil Writ Petition No. 12565 of 2008 1 In the High Court of Punjab and Haryana, at Chandigarh. Civil Writ Petition No. 12565 of 2008 Date of Decision: 5.9.2008 Akash Deep …Petitioner Versus Thapar University, Patiala and Another …Respondents CORAM: HON'BLE MR. JUSTICE HEMANT GUPTA HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA. Present: Mr. R.S.Manhas, Advocate for the petitioner. Mr. D.S.Patwalia, Advocate for the respondents. Hemant Gupta, J. The petitioner has challenged the action of the respondent in not admitting the petitioner for lateral entry for B.E./B.Tech. Course in Civil Engineering Branch. The petitioner is a Scheduled Caste candidate and has appeared in entrance test for lateral entry to B.E./B.Tech. Degree course. Though the petitioner has qualified in the entrance test but the admission has been denied to him on the ground that he has not obtained 60% marks in the qualifying examination, which alone permits him to be admitted to the degree course. The conditions prescribed in the prospectus read as under:- Civil Writ Petition No. 12565 of 2008 2 “2. Sanctioned Intake: Total number of seats available are 59. 2.1 Punjab State Seats: 50% of the sanctioned seats, i.e. 30 seats. Eligibility: 1. He/She has passed 3 year diploma/2 year diploma after 10+2 in Engineering in the relevant discipline from recognized State Board of Technical Education/University located in Punjab with a minimum of 60% marks in aggregate (or equivalent grade point) and also has qualified in LEET-TU). 2. He/She possesses a good moral character. 3. He/She fulfills the requirements laid down by the University in this prospectus. 4. He/She is a Citizen of India”. The said provision shows that the minimum qualifying marks are 60% in respect of candidates who have obtained three years diploma/two years diploma after 10+2 in Engineering in the relevant discipline. Counsel for the petitioner has stated that since the petitioner is a Scheduled Caste candidate, therefore, the minimum qualifying in respect of petitioner is to be fixed lower than the qualifying marks for Civil Writ Petition No. 12565 of 2008 3 general category candidate. The eligibility condition of 60% marks cannot be extended in respect of petitioner as such condition is required to be fixed at a lower percentage than what is fixed for the general category candidate. It is for the Institute, where the petitioner is seeking admission, to determine the qualifying marks for admission in respect of general category candidate as well as Scheduled Caste category candidate. Though it is possible for the Institute to fix lower eligibility marks for the Scheduled Caste candidate, but it is not mandatory under any provision of law nor any such provision could be produced before us which commands that lower eligibility marks are to be fixed for Scheduled Caste category candidate than the marks for General Category candidate. Still further the petitioner has appeared in the entrance test on the basis of the conditions in the prospectus knowing fully well that 60% marks in the qualifying examination is the eligibility condition. Therefore, it is not open to the petitioner at this stage to dispute the eligibility conditions. In view of the said fact, we do not find any merit in the present petition and the same is dismissed. (Hemant Gupta) Judge (Kanwaljit Singh Ahluwalia) Judge September 5, 2008 “DK”