1 wp5145-10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 5145 OF 2010 Akshay Dilipbhai Patel & Ors. ..Petitioners versus Union of India & Ors. ..Respondents Mr. T. K. Sinha for Petitioners. Mr. A. M. Sethna i/b. Mr. Dipen Shah for Respondent No. 1. Mr. Girish Kulkarni i/b. Mr. Sandeep Waghmare with Anand Parchure for Respondent No. 3. Mr. S. N. Patil – AGP for State. CORAM : D. D. SINHA AND MRS. MRIDULA BHATKAR, JJ. DATED : JULY 20, 2010. P.C. : 1. Heard the learned counsel for the parties. 2. Counsel for the petitioners has submitted that in the year 1986 the national policy of education was declared by the Union of India. The Ministry of Human Resources Development, Government of India took a policy decision in the year 2002 to conduct an All Engineering Entrance Examination (AIEEE) annually. Entrance examination for the technical 2 wp5145-10 courses is conducted every year as scheduled by the Board. It is contended that the petitioners submitted applications to respondent no. 2 which were accepted. Petitioners appeared for AIEEE-2010. The respondent no.2 declared results and issued score cards with the status of ranking, All India Ranking and State Ranking. It is the case of the petitioners that at the time of filing application forms, the respondents did not disclose about establishment of NIT Goa and merger of Daman & Diu (UT) with NIT Goa. It is submitted that Daman & Diu (UT) is not having any Engineering College of their own. Respondent No.1 had provided separate reservations of 29 seats for the candidates from Daman & Diu (UT) since beginning till 2009. The eligible candidates were allocated in different NITs for different States for all the courses available in the said NITs i.e. respondent nos. 4 to 23. The allocation of seats so far as candidates belonging to Daman & Diu (UT) were on the basis of their AIEEE-State merit. Respondent no. 1 cancelled the reservation of 29 seats of Daman & Diu (UT) and merged them with new established NIT Goa. 3. The learned counsel for the petitioners has submitted that by virtue of the said merger, the students from Daman & Diu area will loose reservation of 29 seats which were initially meant for the said area. It is therefore contended that the petitioners are seeking direction to respondent no. 1 to 3 wp5145-10 alter the admission process of AIEEE-2010 for the candidates of Daman & Diu (UT) by reserving 29 seats which were kept for the said region till 2009. The counsel for the petitioners further contended that the action of merger of Daman & Diu (UT) with NIT Goa is also bad in law. It is further submitted that the direction be issued to respondents to retain the reservation of 29 seats for Daman & Diu (UT) and give admission to the petitioners out of the said seats for this academic year. 4. Learned counsel for the respondent no.3 has submitted that the earlier procedure of admission and allotment of seats has undergone change. AIEEE-2010 was held as per the procedure stipulated in the Information Bulletin for the said entrance examination. The relevant clause of the Information Bulletin reads thus:- “RULE OF CENTRAL COUNSELLING BOARD FOR AIEEE 2010: As per the direction of the MHRD 50% of the seats in NITs will be filled from AIEEE eligible candidates of States where NITs are located and rest 50% will be filled on All India Merit basis. MHRD will make efforts to establish NITs for those States/UTs which do not have NITs as of now. In case, the new NITs are not established before the start of admission based on AIEEE 2010, seats will be made available for the eligible students of such States / UTs which do not have any NIT, so as to keep the 4 wp5145-10 number of seats for such States / UTs at the level of 2007, after making due adjustment for the number of seats filled by eligible candidates of these States / UTs.” 5. Learned counsel for the respondent no. 3 has submitted that the Ministry of Human Resources Development has decided to set up 10 new National Institutes of Technology (NITs), one of them is NIT Goa. It is submitted that the Union Territories attached to NIT Goa are Daman & Diu (UT), Dadra & Nagar Haveli and Lakshdweep. It is therefore submitted that the petitioners though are from Daman, by virtue of merger and by virtue of creation of NIT Goa, by necessary implication they are treated to be from NIT Goa and therefore their claim would be considered accordingly. It is submitted that total number of seats available in NIT Goa are 90, out of which in view of the above referred Rule 50% seats will be filled in from AIEEE eligible candidates of NIT Goa and 50% would be from All India Seats. Learned counsel for respondent no.3 therefore submitted that admission procedure adopted by the respondents is consistent with the information brochure and is therefore sustainable in law. 6. We have considered the contentions canvassed by the respective counsels and perused the Rule referred to herein above. In the instant case the procedure of admission stipulated in Information Bulletin was available 5 wp5145-10 on the web site at the time the petitioners have submitted applications. Since the area of Daman & Diu (UT), Dadra & Nagar Haveli and Lakshdweep, have been merged with NIT Goa, they loose their independent status and is treated to be part of NIT Goa. Hence, question of following the old procedure of admission after creation of new NIT Goa, does not arise. As per the Rule, 50% of the seats available in NIT Goa are required to be filled from AIEEE eligible candidates of NIT Goa and rest 50% will be filled in on basis of All India Merit. It is not in dispute that the total seats available so far as NIT Goa is concerned are 90, out of which 45 seats will be filled in from eligible candidates belonging to NIT Goa and remaining 50% i.e. 45 seats will be filled in from All India Merit quota. 7. For the reasons stated herein above, the procedure of admission adopted by the respondents, in our view, is consistent with the admission rule and therefore no case is made out for showing indulgence. Hence, dismissed. (D. D. SINHA, J.) (MRS. MRIDULA BHATKAR, J.)