CWP NO.17734 of 2010(O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. CWP NO.17734 of 2010(O&M) DECIDED ON- 20.01.2011 Gagan Mehta ……PETITIONER Versus Ch.Charan Singh, Hr. Agricultural University ……RESPONDENT Coram HON'BLE MR.JUSTICE MAHESH GROVER Present: Mr. Maninder Arora, Advocate for the petitioner. Mr Naveen S. Bhardwaj, Advocate for Mr. Vinod S. Bhardwaj, Advocate for respondents. MAHESH GROVER, J(Oral) The instant writ petition has been filed by the petitioner with a prayer that he be considered for the seat in BSC (Hon.'s) Agriculture as the seats are lying vacant. It is the case of the petitioner that he had qualified the prescribed examination and had obtained 30.5% marks and was thus entitled to get admission with the respondent-college. It is further the case of the petitioner that after the second counselling also, the seats are lying vacant and therefore, no prejudice would be caused if the petitioner is granted admission. University has refuted the claim of the petitioner and has stated that according to rule 5.1 of Chapter IV as given out in the prospectus for the year 2010-2011, the seats which remain vacant after the second counselling are to be treated as cancelled and further that the merit of the petitioner is way below the other selected candidates. The relevant extract of the rule is as below:-” CWP NO.17734 of 2010(O&M) 2 “Seats remaining vacant due to any reason after first schedule/counselling or main admission and seats fallen vacant subsequently due to any reason including non-registration by the students already admitted, shall be filled on the date of second schedule/counselling(final) and cut off date for admission as indicated for filing of vacant seats in Annexure II, At the time of second counselling too, all the candidates may be considered again in order of merit against vacant seats. Those candidates who could not attend Ist counselling due to any reason will be considered at the time of 2nd counselling in order of merit. During second counselling if a candidate becomes eligible he/she may be considered for vacant seats in the second counselling in order of merit. There will be no admission after the cut off date and seat(s) remaining vacant shall be treated as cancelled.” It has also been stated in the affidavit that the last person admitted there was having a rank of 320 and he was given admission in general category whereas the rank of the petitioner is 2418. It is, thus,contended by the learned counsel for the respondent that even if the petitioner was to be considered he would not have any case in view of the fact that he stands much below in merit and the petitioner has not filed any counter affidavit to deny this fact. After hearing counsel for the parties and considering the matter in its entirety, I am of the view that the claim of the petitioner cannot be granted. The petitioner who is way below in merit cannot be considered for the grant of admission, moreso when after the second counselling, the rule provides that in the event of the seats lying vacant, the same shall be treated to be cancelled, even otherwise if the contention of the petitioner is accepted, then it will also give rise to a grievance to the persons who are CWP NO.17734 of 2010(O&M) 3 higher in merit to the petitioner and have not been admitted. However, in this case, said persons except the petitioner chose to abide by the regulations and did not agitate the matter for being admitted to the course. No ground. Dismissed. 20.01.2011 ( MAHESH GROVER) mamta JUDGE