CWP No.12845 of 2009 : 1 In the High Court of Punjab and Haryana at Chandigarh. Date of decision: 07.01.2010 Nipun Kashyap ... Petitioner Vs. Punjab Engineering College University Technology, Chandigarh. ... Respondent CORAM: HON'BLE MR. JUSTICE PERMOD KOHLI Present: Mr.Anil Kheterpal, Advocate, for the petitioner. Ms.Pooja Bishnoi, Advocate, for Mr.Anupam Gupta, Advocate, for the respondent. -- PERMOD KOHLI, J. (Oral): The petitioner was B.Tech. (Mechanical). In response to the Brochure issued by respondent-University for making admission to M.E. (Mechanical) for the session 2009-2010, he applied for admission to the course. The admission was to be made from two categories i.e. (i) from the stream of students who qualified the Graduate Aptitude Entrance Test (hereinafter referred to as the GATE) at all India Level conducted by the Indian Institute of Technology, Roorkee and (ii) from the non-GATE channel through the test CWP No.12845 of 2009 : 2 conducted by the PEC University of Technology, Chandigarh. The petitioner applied in the non-GATE category for which the test was held on 22.07.2009. The petitioner was placed at serial No.2 in the merit list displayed on the notice board amongst the non-GATE candidates for reserved category,namely, Scheduled Caste and Scheduled Tribes. In terms of the Brochure, GATE qualified candidates are to be given preference and the non-GATE qualified students could be adjusted if after granting admission to GATE qualified candidates any seat remain vacant. The petitioner belongs to the reserved category. As against five vacancies available for reserved category, seven candidates applied. Out of five seats, three seats were reserved for SC and 2 for ST candidates. The counselling was held on 23.07.2009 and five GATE qualified candidates were admitted against 5 available seats. The petitioner was placed in the waiting list amongst non GATE candidates as no other candidate from non-GATE category in reserved category applied. After admissions were made, two candidates left the course i.e. one from the General Category and the other from the SC category. Thus two seats became available in the aforesaid categories. The petitioner being in the waiting list, he represented to the Director, Punjab Engineering College vide representation dated 06.08.2009 for consideration for admission in the Non-GATE category against two available seats. Having failed to persuade the respondent to grant admission, this petition has been filed by the petitioner. CWP No.12845 of 2009 : 3 Vide interim order dated 24.09.2009, the respondents were directed to grant provisional admission to the petitioner in M.E. Mechanical course within a period of one week pending decision of the writ petition. Ms.Pooja Bishnoi has stated that the petitioner has been granted provisional admission consequent upon the direction issued by this Court and the he is pursuing his studies in the course aforesaid. In the reply filed, it is admitted that four students after admission (two from general category and two from SC category) surrendered their seats and applied for the refund of their fee. It is, however, stated that there is no provision in the Brochure for conducting a second counselling for admission to the said course. Accordingly, all the surrendered seats lapse automatically. No rule or regulation has been brought on record which may even remotely suggest that the seats would automatically lapse. The candidates are kept on waiting list with an intention to fill up the vacant seats from the waiting list. In any case, the petitioner has been admitted against the available vacant seat and he is pursuing his studies in the course in question. The merit position of the petitioner is not in dispute. In view of the above circumstances, present writ petition is allowed. Admission granted to the petitioner in the course in question is hereby confirmed. The respondent will accordingly permit the petitioner to pursue the course and the result of the petitioner will be declared in accordance with law. No costs. CWP No.12845 of 2009 : 4 (PERMOD KOHLI) 07.01.2010 JUDGE BLS Note: Whether to be referred to the Reporter? YES