eeenmdnaelmnmmebvemmmnaa s elazao 1 e e 88 2 0 IN TI HIGH COURT OF PUNJAB Q HARYANA AT 1 CHANDIGARH 1 1 WP No 12024of2009 Date SinghMahal 8cothers Petitioners Versus StateofPunjab 8i others Respondents 2 CWPTo 12025of2009 1 NavjotKaur ePetitioner 0 Versus C State ofPunjab and others I Co 3 CWP No 12023of2009 imranSingh ePetitioner Z Versus StateofPunjab and others Respondents 4 4 CWP No 122040f2009 05 SinghBhatia Petitioner a Versus Z StateofPunjab and others CORAMe HONBLE MRJUSTICEPERMOD KOHLI Present Mr PS Dhaliwal Advocate Mr Arun Bansal Advocate CJ Mr AmritPaul Advocate 8 PERMOD KOHLIJfORALI Petitionersare aggrieved of notice dated482009 issued bythe PunjabTechnical Jalandhar published in The Tribune for for admissionto l year ofBTechlBPharma on the examination 1042 or diploma in r tl 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 89 6 r 7 CWP No 12024of2009 2 1 Vide the aforesaid notification the dates for Thesedateswere howeverpostponed and a freshnotice hasbeenissued on 9S2009 publishedin SundayTribune wherebythe fresh dates of for the same categoriesof candidateswere notitled from 4 112009 to 1782009 1 Petitioners111 all these petitionsare desirous of seeking 0 C admissionin Courses The Stateof Punjab issued notification for CommonEntranceTeste2009herein C0 afler referredto as CET 20091 for admissionin in the State 4 Z of Punjab The issued tn various news papers and a 1 prospectus mode terms and conditionsfor the CET was also S issued The eligibilityconditionsfor appearancein CET2009 as notied 05 WS haVin Passed1042examinationor appeared jn the said examination in Science streamwith EnglishPhysics and Mathematics All the mW3 Z petitioners applied ln theprescribed form and were allottedroll numbers Qm theyappeared ln the CET2009 The rank of the petitioners in CWP No 12024 of 2009 is 1951 9199 4363 and 4206 Generalrank of petitionerin CWP No 12023 of 2009 in the CETe2009 1S rr 5294 In CWP No 12025generalrank is 2997 whereasin CWP No 12204 Ce of 2009therankof thepetitioner is 6017 no2 was appointed as the to conduct CETe2009examinationvide PunjabGovt Notitlcationdated2732009 AnnexureP21 in respectof the and ArchitectureDegree Coursesand in respect Degree Course for theacademicsession2009e10As perthe prospectus issuedbythe 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 m n ewem r 1 90 60 i J 1 1 CWP No 12024of2009 3 the CET was to be conducted for admissionto Technical JalandharGuru Nanak Dev Amritsar PunjabiUniversity Patiala and PunjabAgricultural Ludhiana The eligibility criterion 1S prescribed in part B of the prospectusfor CE12009 It is 1 providedthatfor admissionto Courses85010 seats shall be openedto the candidatesfrom within the State and 15Io 0 to C candidatesfrom outside the State For admissionto degreelevel C5 Courses 0 certain generalconditions have been I prescribedThe conditionsrelevantfor the purposesof thesepetitions are Z hereunder Gneral Conditions b iv in CET2009 shallbe for students 08 seats under 85Io quotareserved for unjabresidents Students seats under15Ioquotareservedfor outsidePunjabcandidates are m Z requiredto take up AIEEE theyare exemptedfrom CET2009 If a beconsideredfor 15Iocategory vl Admissionsto the and Architecture courses bothfor 85Io seats for resident and 15Io seats for outsidersshall C be made strictly OIl the basisof CET2009 and AIEEE 2009 and in case eats not beingfilled be consideredon any of the two entrance examinationsIf the candidates from entranceexamination ie CETIAIEEEare not availablethedmission 5 examination vil for 85IoseatsforPunjab residentsshallbe 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 44 91 0 9 1 6 4 CWP No 12024of2009 4e takenup flrst followed by for 15 0Ioseats for outsidePunjab candidates for 85010General Categorywill be held first followedby for reservedcategory for 150Ioseats for generalcategorywill be held first followedbycounselling for reserve categoryFor 150Iocategoryseats vacant iri 850Ioquotawill be transfenedto 150Ioquotain the 1r respective categoryas Seats still remaining unfilled under 0 reserve and general categoryeven atlerthe end of C shall be transferredto management quota seats under the C5 I reserve and general category 9 The will makea publicnotice to this efYect Z clearlythe no of seats vacant ln eachreserve categoryand C and fill the seats in that very categoryonly general category r if still the seats remainvacant in Aller the abovesaid 08 r categorythe can fill it from candidatesbelonging 7 to such unfilledlvacantseats as well as to category Z 12 and finalizedwithin 15 daysof the quotashall b Qm Noextensionshall be under any lastdate of counselling circumstances xvo Non fee of Rs 2500 ees C Two 8 Five Hundred will be collectedbytheUniversity as fromeach studentevery time the appearsfor fee of Management quotano counsellingfee in case of will be charged Fromclause 9 referredto above it is evidentthatappearance quota 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 4 7s t 92 0 r4 93V 0 1 p4 CWP No 12024of2009 5 t55 and appearancein AIEEE is for thosestudentswho claim seats 1 r6 under 15Io quota reservedfor outsidePunjabcandidates Clause 4 lrther providesthat the admissionto the and Architecture Courses both for 85010and 150Ioseats shall be madestrictlyon the basis of the CET2009 and AIEEE2009 It is 6lrther prescribed that if the candidates from entranceexamination ie CETIAIEEE are not r available the admissioncan be made on the basis of inter se merit in 1 0 examination Clause Ii further laysdown that the counselling 0 I to fi11up 85Io seats forPunjab residentsshallbe taken up 6rst followedby C5 I for 150Ioseats for outside the Punjabcandidatesand similarly eW for General Categorywill be held first followed by the Z for reserved It is furtherprovided that the seats still r unfilled under respective categories 6general and reserved9 aer I 06 theend of shallbe transferredto quotaseats under 1 the respective categoriesThereis anothercondition in the same clause 2 whichrequires the to make a publicnotice irdicating Z thenumberof seats vacant in eachcategoryie reservedandgeneral aRerthe and if seats remain vacant in reservedcategory the samecan be filledup from general category Clause ixl of the prospectus dealswith theseats fallingvacant aflercounselling or any dropout vacancy Y c1 for filling up of such seats under the quota and the criteriaof admission In terms of clausexvOreferredto above acandidate forappearancein eachcounselling The noluniversitynotified the l vide its notice on 72009 Thel 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 1 1 93 0 V J ll CWP No 12024of2009 6 Il for admissionto BTechlBhannacyfor collegesaffiliated in the State for 85Io and 15Io seats was to be held between972009 to 13e702009 and secondround of for 85Ioseats was scheduledto be held between30009 to 1372009 and second round of against15Ioquotawas to bescheduleedbetween482009 to 52009 It is relevantto note that this was fixed for candidateswho had 0 lll CETe20091AIEEE2009 and was lIl respectto all the 0 C located in the Stateof Punjaband affiliated to Punjab Technical UniversityJalandhar Guru Nanak Dev UniversityAmritsar C5 Punjab Ludhianaand PunjabiUniversityPatiala 4 Thoughthenotificationwas issuedonlybythe PTlJ Jalandharas a Nodal Z Agency This notice was followed by another notice dated 972009 r besides notifying the secondround of online direct I a5 counselling was also notified for BTechIBArchitecture and Bharmacy 1 So faras the online counselling for 850Ioseats is concemed it was to be held 7 between17772009to 1972009 andagainst 15Io quotabetween292009 Z to 3172009 and direct counselling wasto be held for various categories tl 1032009 to 1372009 for candidates who ln It was also notified that the direct counselling will also beheld on 62009 for the stud6ntson the basis of 1042 examination CJ TechIBPhannacy from900 AM onwards Theaforesaidnotificationwas followedbyanothernotice dated 482009 in Dainik Bhaskar in its issue dated482009 whereby it hasbeennotified thatcounselling for admission to the courses in question will be on the basisof inter se merit in the examinatiot1042 or diploma in between62009 to 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 t 94 r r 9 CWP No 12024of2009 V1 1 7 r 82009 in themanner indicatedtherein The petitioners who appearedin CET2009 are seeking the quasnt of the aforesaidnotice and a testrained ordel not to hold on the basis of 1042 examination or diploma 111 unlessthe studentslikpetitionerswho appeared in CEI20091AIEEEare pennitted to seek admission It is contended tlt m C petitioners have not beenprovided chanceatlerthe second and 0 without them the the availablevacancies being Ca3 are filled up on the basisof 10 examination or diplomain Engineering and C5 I Phannacy ie the examination in contraventionto the prospectus e thadvertisementnoticeas alsoin violationof the rightsof the Z petitionersVide various interim orderspassedby this Court t were permitted to participate 111 the counselling and the were directednot to declarethe result till further orders 08 P Il Asa of the aforesaidorders passedby this Court e em in these writ petitionsthe petitioners have been to Z in the Mr Amrit Paul leamedcounselappearing ll the on the basisoftheir counselling has Oled its reply It is soughtto be CJ that thecandidateswho had in CETIAIEEE2009have been lll tworoundsof andonlythereaRer 1 thecandidateson thebasis of thequalifying examinationhave been notified for The have referred to the notificationdated wherein the schedulefor second online counselling has been andalsothedirect for variousreserved and 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 0 4 95 1 C 11 1P e 11 49 e4 CWP No 12024of2009 1 e4 1ki 1ki en49 1 ke 4 for the candidateswho have not appeared in the CETIAIEEEe2009 wef e 0 1J8 1 t 6S2009 It is arguedbyMr Paul on behalfof the 1 1 4 thatthe aforesaidnotice is sufficientindication that no candidate who has appeared in CETIAIEEE has come forward for counselling and thus the available vacancies are beingfilled up byprovidingthe to the candidateson the basisof thequali6Ting examinationin terms of clause C4 of the generalconditionsof Govt Notification dated 272009 which 0 permitthe admissionson the basis of inter se merit in the C I examinationifthe seats from entrance examination ie CETIAIEEE are not 0 I available 3 99r It is contended that after the notification of C72009 the Z notification dated 82009 has beenissued for holdingcounselling on the r basis of the examination which has been in the c4j presentwritpetition Mr Paul has also referred to the Press Note dated 3S2009Annexure Re213issuedin this regard The shortgrievanceof the is that under the Z hasbeengivento the candidateswho have the first in CEe2009 and andit is onlywhen no candidate 2 who has in CETIAIEEE2009is 4lw availableunfilled vacancies 1 7 thebasis of the qualifyinexamination It is argued on Call be filled up on 0 behalfof the that atlerthe 1 counsellingthe 1 did not noti67the vacancies andthe courses nor even it was communicated by any publicnotice that no for CETIAIEEE candidateswill be after the second counsellingand without providing to the who have in CE009 theseats are beingfilled up in a clandestinemanner fromthecandidates 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 96 4 4 0 r 1 CWP No 12024of2009 9 4 414 6P who did not appearin CETIAIEEE2009 The petitioners have also referred nl 9 4 to the press note issued by no 1 wherein it is 3 rnentionedthatthe to be held on 62009 to 82009 on the basisofthe quali6ing examinationhasbeen keeping in view the lnterests of candidatesand due to the fact that collegeshad created mess 1 informationof the seat allotment It is thus arguedthat the C had no informationabout the of the 0 coursesandseats afterthesecond as it was never notified This C positionis admittedby Mr Paul on behalf of 0 that afler the second counsellingthe availability of the slcourseswas nevernotifted It is also admittedpositionthat afterthe Z secondcounselling or evenpriorto that the university never notifled that r for hlrthercounselling aRer the two roundsof therewill be no I thecounselling for the candidates who have appeared in CETIAIEEE2009 08 In the firstnotice dated 762009 online counsellingfor flrst and second t 3 from 972009 to 1372009 Irst round and from 2372009 to Z secondroundlagainst 85010quotaandfrom 82009 to 52009 round against15010quotahasbeen notifled There is no tha there will be no counselling thereafter Even after the or aforesaidcounselling was when secondnotice dated 92009 Cml was issued online counselling anddirect counsellingthenumber Inthe secondnotice itself the has been orderedon the basisof 10402 and other examinationsand a schedulehas been fixed vide the 482009At no stageit was revealedthat there are notice dated 1 4 n vacanciesin any of theinstitutionsnor thecandidateswho have 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 97 0 1 kv 4 d CWP No 12024of2009 10 in CETIAIEEE2009 were giventhe last chance or communicated a that there will be no counselling for them after the second counselling Clause iv of theprospectusclearlyprovides for admission on the basis of andAIEEE only Thoughunder clause the admission on the basisof examination is subject to the conditions that no candidate who has in CETIAIEEE is available Since neither the were even notified afterthe second counsellingnor a 0 orpublicnotice was issuedto enablethe CETIAIEEE candidatesto C general I seek against the availablevacanciesit cannot be said that no C5 candidateis available when it is a known fact that a large 4 nuter ofcandidatesappearin CETIAIEEE Z circumstances the petitioners have been In view of the P deniedthe of seekingtheir for admissionagainst 08 theavailablevacancies even thoughthey have a rightbeing f CETIAIEEE examineesas against the who are beingadmitted 7 thebasis of qualifying The haveviolatedthe Z on forconsideration otherthanmeritas vacanciesare to befilled up underthe quota el is no anotherimportantaspect In theflrst notice the theState of Punjab notifled for all the institutionsln counsellingwas 1 TechnicalUniverslty Guru Nanak Dev l afllliatedto Amritsar Punjabi Patialaand Punjab the notification is for Ludhiana 1 onlyfor PunjabTechnical Jalandhar affiliated counselling to how the counsellingor the Nothingis mentionedas beconducted 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 Lr J CWP No 12024of2009 e 11e 0 ae How the seats in collegesaffiliatedto other universitieswill be filled is not 1 known This amounts to on the part of the Punjab Technical Jalandharand the eligibleinterestedcandidateshave 1 0 been deprivedfrom seekingadmission through for the b affiliatedto otheruniversities Action of is in contraventionofthe mandateofArticle 14 ofConstitutionofIndia m P In view of the abovecircumstances the notiflcation 0 C43 dated482009 and the action of to hold on the I basis of examination 1042 examination or diplomalIl 0 I without first the list of candidatesfrom the CETIAIEEE examinees 1S hereby Z quashed are directedto issue a publicnotice the 2 number of unfilled vacancieslcourses 1I1all the institutions located in the I State of Punjaband afllliatedto the concerned universities forthwithand 06 give first to such of the candidates who have appeared in w CETIAIEEE2009for seekingconsiderationfor admission against850loand Z 15010quotaby fixinga cut off date If after granting admission to ll CETIAIEEE candidatesanyseal remainunfilled the admission rnaybemadeon thebasisofthe qualilingexamination 4 PERMOD KOHLII JUDGE 1 S e8e2009 lucky L Whether to be Yes 1 I4C r f 190 I 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