t4 403 41 0 1 IN THE UGH COURT OF PUNJAB HARYANA AT tr CHANDIGARH 1a CWP No 12024of2009 DateofDecisionl22009 SinghMahal8eothers Petitioners Versus StateofPunjab c others Respondents 2 CWPio 12025of2009 m 6 NavjotKaur Petitioner 0 Versus I StateofPunjab and others C5 3 CWP No 12023of2009 imranSingh ePetitioner Z Versus StateofPunjab and others Respondents h 4 CWPITo 12204of2009 05 SinghBhatia ePetitioner e7 Versus Z State ofPunjab andothers Respondents ll CORAM HONBLE MRJUSTICE PERMOD KOHLI Present Mre PSe Dhaliwal Advocate Mr Arun Bansal Advocate 1 Mr Amrit Paul Advocate 44S PERMOD KOHLIJ IORALI I4 Petitionersare aggrievedofnotice dated482009 issued bythe PunjabTechnical Jalandhar publishedin The Tribune for Ik for admissionto 1 year ofBTechJBPhamaonthe Suresh Kumar 2014.04.02 14: 08 Scanned True Copy of Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:24 I attest to the accuracy and integrity of this document 1 404 60 1 55 Il CWP No 12024of2009 2 1 P l Vide the aforesaid notification the dates for Thesedateswere howeverpostponed and a freshnotice hasbeenissued on 9S2009 publishedin SundayTribune wherebythe fresh dates of Ifor the same categoriesof candidateswere notifled from 4 1182009 to 178009 a Petitioners in all these petitionsare desirous of seeking 0 C admissionin Courses The Stateof Punjabissuednotitlcation I for CommonEntranceTeste2009 herein C5 aRer referredto as I CETe 20091 for admissionin in the State W Z of Punjab The issued in various news papers and a prospectus mode terms and conditionsfor the CET was also r b issued The eligibility conditionsfor appearancein CET2009 as notified I 05 washavingpassed1042 examinationor appeared in the said examination in SCience stream with EnglishPhysics and Mathematics All the W2 Z petitioners applied in the prescribedform and were allottedroll numbers a theyappeared lIl the CET2009 The rank of the petitioners 111CWP No 12024of 2009 is 1951 9199 4363 and 4206 Generalrank of petitionerin CWP No 12023 of 2009 in the CET2009 1S 5294 In CWP No 12025generalrank is 2997 whereasin CWP No 12204 C of 2009therank of thepetitioner is 6017 no2 was appointed as the to conductCET2009 examinationvide Notificationdated2732009 Annexure P21 in respectof the andArchitecture Degree Coursefor the locatedin theStateof Punjab for theacademicsession20010 As per the prospectusissuedbythe Suresh Kumar 2014.04.02 14: 08 Scanned True Copy of Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:24 I attest to the accuracy and integrity of this document Vae e I u mmmue 1 l 7 41 91t 7 e 1 14 405 6 l r ec 4 CWP No 12024of2009 S 3 the CET Was to be conductedfor admission to variousinstitutionsaffiliatedwith respondents Punjab TechnicalUniversity 1 Jalandhar Guru Nanak Dev Amritsar PunjabiUniversity Patiala and PunjabAgricultural Ludhiana The eligibility criterionis prescribed in part B of the prospectusfor CET2009 It 1S 1 providedthatfor admissionto Courses85Io seats C shall be openedto the candidatesfrom within the State and 15Io tO e 0 C candidatesfrom outside the State For admission to degreelevel 0 Courses certain generalconditions have been I prescribedThe conditionsrelevant forthe purposesof thesepetitions are 1 Z hereunderl GeneralConditionsl r iv Appearing in CET2009 shall be compulsory for students 08 claiming seats under 850Ioquotareserved for lnjabresidents Students claiming seats under 15Io quotareservedfor outsidePunjab candidatesare W2 Z required to take up AIEEE theyare from CE009 If a Ll candidateis not able to produce his helsheshall be consideredfor 15Iocategory vl Admissions to the Engineering and Architecture courses both for 85010seats for residentofPunjab and 15Ioseats for outsidersshall C be madestrictly on the basisof CET2009 and AIEEE 2009 andln caseseats not beingfilled underrespective categories eligibilitymay be consideredon anyof the two entrance examinations If the candidates from entrance examinationie CETIAIEEE are not availablethe dmission cantakeplace on the inter se merit in qualifying examination vil for 850Ioseats for Punjab residentshallbe Suresh Kumar 2014.04.02 14: 08 Scanned True Copy of Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:24 I attest to the accuracy and integrity of this document 4 406 4 1 U i 1 4 C7 CWP No 12024of2009 4 takenup first followedby for 15 Io seats for outside Punjab candidates for 850IoGeneral will be held first l for 15Io seats for generalcategorywill be held first followedby for reserve categoryFor 15Io categoryseats remainlngvacant 11185Io quotawilI be transferred to l 5010quota in the r respective categoryas applicable Seatsstill unfllled under 0 C respectivereserve categoriesand generalcategoryeven after the end of I shall be transferred 0 to managementquota seats under the respective reserve and generalcategory e 9 Z The will makea publicnotice to this effect 2 cIearlythe no of seats vacant 111each reserve categoryand r generalcategolyand 811the seats in that very particularcategoryonly I T 06 Afler the abovesaid procedure if still the seats remain vacant in OO reservecategorythe can fill it from candidatesbelonging m category Admission to such unfllledlvacantseats as well as to Z r quotashall be fumished and flnalized within 15 daysof the r last date of No extenslOO shall be under any Clrcumstances 6xvilNon refundable fee of Rs 25001 6Rupees c Two Thousand Five Hundredonlywill becollectedbytheUniversitY as 1 fee from each student every time the candidateappears for counsellingin case of candidatesof quotano counselling fee will becharged Fromclause6iv referredto above it is evidentthat appearance 5 in CET2009 is for studentsclaiming seatsunder85Ioquota Suresh Kumar 2014.04.02 14: 08 Scanned True Copy of Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:24 I attest to the accuracy and integrity of this document 407 r 0 1 r P2 17 ro Y CWP No 12024of2009 5 and appearancein AIEEE is compulsory for those studentswho claim seats under 15Io quota1e reservedfor outside Punjabcandidates Clause t furtherprovides that the admissionto the and Architecture Coursesbothfor 85Io and 150Ioseats shall e madestrictlyon thebasis of theCETe2009 and AIEEE2009 respectivelyIt is ther prescribed that if the candidatesfrom entrance examination ie CETIAIEEE are not 1 r availablethe admission can be rnadeon the basis of inter se merit in 0 C examination Clause6vilfurtherlaysdown thatthe to fi11up 85Io seatsfor residentsshall be taken up 8rst followed by 0 for 150Ioseats for outside the Punjabcandidatesand similarly the for General Categorywill be held first followed by Z for reserved It is furtherprovided thattheseats still r unfilled under respective categoriesgeneral and reservedlaRer I 08 theend of shall be transferredto management quotaseats under rn the There is another conditionin the same clause V3 whichrequires the to nake a publicnotice indicating Z ofseatsvacant in ie reservedand general clearlythe aer the andif seats remain vacant in reservedcategory the samecan be fllledup from general category Clause ixl of theprospectus dealswith theseats fallingvacant aRer counsellingor any dropout vacancy cJ for fllling up of such seats under the quota and thecriteriaof admission Interms of clause xvOreferredto above a candidate forappearancein eachcounselling The noluniversitynotified the l counselling vide its tiotice on 762009 The l roundofonline Suresh Kumar 2014.04.02 14: 08 Scanned True Copy of Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:24 I attest to the accuracy and integrity of this document 19 1 408 e i 0 P4 1 8 CWP No 12024of2009 0 1 54 for admissionto for collegesaffiliated in 14 the State for 850Ioand 15Io seats was fo be held between972009 to 1372009 andsecondroundof for 85Io seatswas scheduled to be held between372009 to 132009 and second round of against150Ioquotawas to be scheduleedbetween482009 to 52009 It is relevantto note that this counselling was fixed for candidates who had 1 0 in CET20091AIEEE2009 and was in respectto all the 0 locatedin the Stateof Punjabandaffiliatedto Punjab C C TechnicalUniversityJalandhar Guru Nanak Dev UniversityAmritsar 0 PunjabAgriculturalUniversityLudhiana and PunjabiUniversityPatiala 9e Thgh the notificationwas issuedonlybythe PrU Jalandhar as a Nodal Z This notice was followed by another notice dated 932009 r besides the secondroundof online counsellingdirect 1 r counselling was alsonotifled for BechIBArchitecture and Bharmacy 08 So faras the online counsellingfor 850Ioseats is concemedit was to be held Wm3 to 1972009 and against1596quotabetween 2972009 between Z and direct counselling was to be held for various categones to 312009 1 for candidates who in between 10772009 to CETIAIEEE2009It was also notifiedthat the direct counselling will also be held on for the stud6ntson the basis of 1042 examinatton CJ from 900 AM onwards 42009 in Bhaskar in its issue dated482009 whereby ithas been notifiedthatcounselling for admissiontothe courses in question be on the basisof inter se merit in the qualifying examinatlOIl61042t will Suresh Kumar 2014.04.02 14: 08 Scanned True Copy of Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:24 I attest to the accuracy and integrity of this document 409 0 1 P 1 45 CWP No 12024of2009 27 1 V 82009 in the manner indicatedtherein The petitioners who appeared in CETe2009 are seekingthe of the aforesaidnoticeand a restrainedorder not to hold 4 on the basis of 1042 examination or diplomain unless the studentslike petitionerswho appeared ln CET20091AIEEE are permitted to seek admission It is contendedthat 1 Il r have not beenprovided chanceafler thesecondcounselling and 0 without them the the availablevacanciesare being C I tllledup on the basisof 1042 examinationor diploma in and 0 ie the examinationin contraventionto theprospectus dvertisementnotice as also tn violationof the rightsof the Z Vide various interim orderspassedby this Coun r1 and the were to in the furtherorders c6 Im Asa of the aforesaidorderspassed by this Court have been to 7 in these writ petitionsthe Z Mr Amrit Paul leamedcounselappeanng in the C 7 hasOled its It is soughtto be C that thecandidateswho had in have been lntwo roundsof andonlythereaAer thecandidateson thebasisofthe quali1g have been notifted for The have to the notiflcationdated theschedulefor secondonline counselling has been 92009 wherein i Suresh Kumar 2014.04.02 14: 08 Scanned True Copy of Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:24 I attest to the accuracy and integrity of this document V 410 C e It 4 6a 1 CWP No 12024of2009 e8 lk for the candidates who have not appearedin the CETIAIEEE2009 w 1 1 6B2009 It is arguedbyMr Paul on behalf of the 1 that theaforesaidnotice is sufOcientindication that no candidatewho has in CETIAIEEE has come forward for and thus the 1 available vacanciesare beingfilled up byprovidingthe opponunity to the candidateson thebasisof the quali8ingexaminationin tenns of clause 19 L of the generalconditions of Govt NotiOcationdated 2732009 which 0 the admissions on the basis of inter se merit in the C ifthe seats from entrance examination ie CETIAIEEE are not 0 I available t ew It is that after the notiflcation of 972009 the Z dated482009 has been issuedfor holdingcounselling on the r basis of the examinationwhich has been in the writ petition Mr Paulhas also referredto the Press Note dated 06 r 382009 64nnexureRe2139 issuedin this regard The shortgrievanceof the 1S that under the Z the first hasbeengivl to the candidateswho have 1 in CETm2009and andit is onlywhen no candidate 1 is 4he available unfilled vacancies whohas 10 r C It is argued on fllledup on the basis of the examinatlOOe canbe J 4eee behalfof the that afterthe 1 counsellingthe did not noti61the vacancies andthe courses nor even it was communicatedbyany publicnotice that no for CETIAIEEE will be after thesecond counsellingand without to the who have in CET2009 theseats are beingfilled upina clandestinemanner fromthe candidates Suresh Kumar 2014.04.02 14: 08 Scanned True Copy of Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:24 I attest to the accuracy and integrity of this document n e 411 0 41 1 61 4n CWPVo 12024of2009 4 1 r L 1 who did not appearin CETIAIEEEe2009 The petitioners have also refened to the press note issued by no universitywherein it is rnentionedthat the to be held on 62009 to 8S2009 on the basisofthe examinationhasbeenpostponed keeping in view the 1 tnterests of candidatesand due to the fact that collegeshad created mess 1 regardinginformationof the seat allotment It is thus arguedthat the 1 petitionershad absolutely no infonnation about the availabilityof the P t 0 coursesand seats aflerthe second as it was never notiSed This C t positionis admittedby Mr Paul on behalf of 0 I that aller the second the of the IcouIseswas nevernotified It is also admittedpositionthat after the Z second counselling or even priorto that the university never notified that r there will be no for 61rther afterthetwo roundsof the for thecandidateswho have in CETIAIEEE2009 otj In the flrst notice dated 7602009 online counselling for first and second 7 rounds from92009 to 1372009 irst rounc and from 232009 to Z secondroundlagainst850Ioquotaand from 482009 to 582009 0m secondround against 15010quotahas beennotified There is no 4 or condition that there will be no counselling thereafter Even after the aforesaidcounselling was when secondnotice dated 172009 C was issued online counselling and direct counsellingthe number ofunfilledvacanciesandtheavailablecourses hasnot been notified In the secondnotice itself the has beenorderedon the basisof 1042 and other examinationsand a scldule has been fixed vide the notice dated42009 At no stageit was revealed that there are unfilledvacanciesin any of theinstitutionsnor the candidateswhohave Suresh Kumar 2014.04.02 14: 08 Scanned True Copy of Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:24 I attest to the accuracy and integrity of this document Vr 4 412 0 1 CWP No 12024of2009 10 1 appeared in CETIAIEEE2009 were giventhe last chance or communicated that there will be no for them after the second Clause6iv of theprospectusclearlyprovides for admissionon thebasisof 1 CET2009 and AIEEE only Thoughunderclausll the admissionon the basisof qualifjlingexamination is pennittedsubjectto the conditions that m no candidate who hasappeared in CETIAIEEE is available Since neither 0 the vacancieslcourses were even notifledafterthesecondcounselling nor a 0 C general or publicnotice was issuedto enablethe CETIAIEEE candidatesto I seek againstthe availablevacancies it cannot be said that no 0 I candidate is availableparticularly when it is a known fact that a large 4 Z numberofcandidatesappearin CETIAIEEE In view of the abovecircumstances the havebeen denied the of seekingtheir considerationfor admission against 08 the available vacancies even though theyhave a rightbeing 1 examineesas againstthe candidates who are beingadmitted a7 examination The have violatedthe Z on the basis of r with andmay be forconsiderationotherthan merit as these vacanciesare to be filled up underthe quota There is no another importantaspect In the first notice the was notifiedfor all the institutions in the State of Punjab Ge affiliated to Technical UniversityJalandhar Guru Nanak Dev Amritsar PunjabiUniversityPatiala and Punjab Ludhiana However the notification 1S for only for PunjabTechnical University Jalandhar affiliated colleges Nothing1S as to how the counsellingfor the 1 Suresh Kumar 2014.04.02 14: 08 Scanned True Copy of Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:24 I attest to the accuracy and integrity of this document 0 7 CWP No 12024of2009 11e L How theseats in colleges affiliatedto other universitieswill be filled is not knowns This amounts to on the part of the Punjab 1 Technical Jalandharand the eligibleinterestedcandidateshave 1 been from seekingadmission through for the affiliatedto otheruniversitiesAction is in contraventionofthe mandateofArticle 14 ofConstitutionofIndia 1 In view of the above circumstances the impugned notiflcation 0 dated42009 and the action of to hold on the C I basis of qualiringexamination 1042 examination or diploma111 C5 I without first the list of ablelinterestedcandidatesfrom the CETIAIEEE examinees 1S hereby Z are directedto issue a publicnotice noti67ing the 0 numberof unfilled vacancieslcoursesin all the institutions located in the Stateof Punjaband affiliatedto the concerned universities forthwith and 08 0 givefirst to such of the candidates who have appeared ltl vm CETIAIEEE2009for seekingconsiderationfor admissionagainst85lo and Z 150Ioquota by fixinga cut off date If after grantingadmission to L CETIAIEEE candidatesany seatslremainunfilled theadmission maybemadeon thebasisofthe examinatlone r 44 PERMOD KOHLII JUDGE 8S e8e2009 lucky L Whetherto be Yes A 1 r 0 Suresh Kumar 2014.04.02 14: 08 Scanned True Copy of Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:24 I attest to the accuracy and integrity of this document