CWP No.4434 of 2010 (O&M) Guru Nanak National College for Women, Nakodar VERSUS Guru Nanak Dev University and others Present: Mr.Surmukh Singh, Advocate for the petitioner. Mr.Amrit Paul, Advocate for the respondents. ***** The petitioner prays for issuance of a writ in the nature of certiorari quashing the order dated 21.01.2010, whereby a penalty of Rs.1,00,000/- (Rs.one lac) has been imposed and a direction has been issued to the college to deposit the fee of five students admitted in excess of the seats allocated to the college. Counsel for the petitioner submits that though 25 seats were allocated to the college in M.Sc. (Computer Science)-I and II, the college admitted five additional students in the first year of this course upon a misunderstanding of the instructions contained in the letter dated 11.07.2007, Annexure P-2. As the college has committed a bonafide error, the penalty imposed by the University should be quashed. It is further argued that the petitioner cannot be directed to deposit the fee of five students, for two years as only 23 students took admission in the second year. It is prayed that the University should be directed to reduce the penalty and the fee. Counsel for the University, submits that as per instructions dated 03.08.2009, the college was allocated 25 seats in M.Sc. (Computer Science)-I and II, and reservation of 25% for Scheduled Castes, 5% for Backward Classes and poor students, was to be provided within the 25 seats allocated to the college. By admitting excess students, the college has admitted its offence and is, therefore, required to pay a penalty and deposit fee paid by these students in accordance with the decision of the Syndicate dated 04.05.2007. CWP No.4434 of 2010 (O&M) -2- I have heard counsel for the parties and perused the order imposing penalty upon the petitioner. As is apparent from the pleadings and the arguments addressed by counsel for the petitioner, the petitioner-college admits that it admitted five students in excess of its allocated quota of 25 seats. It is not denied that no permission was sought or accorded to admit these students. The petitioner's plea that it was misled by the letter dated 11.07.2007, requiring the colleges to reserve five seats for poor students, is a lame excuse, as the letter does not confer any right to increase the seats beyond the seats already allocated to the college. The college is required to follow the directions of the University. The University was, therefore, fully justified in imposing the penalty as prescribed in the decision of the Syndicate dated 04.05.2007. Any misplaced sense of equity cannot be invoked to grant relief to the petitioner-college. However, there is an aspect of the case that requires consideration. Counsel for the petitioner submits that the petitioner- college should not be directed to deposit the fee of these five students for the second year as only 23 students took admission in the second year. In the absence of any pleadings with respect to this plea this court cannot record any opinion. However, the petitioner may, if so advised, file an appropriate representation before the University regarding this aspect and in case such a representation is filed, it shall be considered and decided in accordance with law within two months from the filing of such a representation. In view of what has been stated hereinabove, the writ petition is dismissed with the aforestated liberty. No order as to costs. 27.07.2011 [ RAJIVE BHALLA ] shamsher JUDGE