BUTA SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) In this petition under Articles 226 and 227 of the Constitution of India, Buta Singh, petitioner, prays that admission of Ranian Kumar-respondent No. 4 be quashed in 3 years Diploma Course un Electrical Engineering in Central Polytechnic, Punjab Secior 26, Chandigarh and he be granted admission to the said course.

(2.) There is not much dispute to the facts of this writ petition. The petitioner, who is a candidate belonging to Scheduled Caste category, passed his Matriculation examination from S.N. Senior Secondary School, Sector 22-D, Chandigarh in June, 1999. The respondent Board conducted a Joint Entrance Test for admission to certain technical Diploma Courses for various institutions in the State of Punjab and the polytechnic Colleges located in U.T. Chandigarh. As per the prospectus, 60% seats out of total seats in U.T. Chandigarh are reserved for the students, who passed their Matriculation examination from the institutions situated in Chandigarh or belonging to Chandigarh. The result of the Joint Entrance Test was declared on 9.6.1999. The petitioner secured 460 marks with rank 4051, whereas the respondent No. 4 secured 457 marks. The petitioner claims to have appeared for counselling before the Central Administrative Committee constituted by the respondent- Board. His certificates were checked and he signed the papers but he has been incorrectly denied (admission) to the Electrical Engineering course, he has been granted admission to Mechanical Engineering course, while the respondent No. 4, being lower in merit than the petitioner, ought to have been admilled to Mechanical Engineering course in place of the petitioner. Having failed to get any relief at the hands of the respondents, despite representation, the petitioner filed the present petition.

(3.) Upon notice, the respondents filed detailed replies. It has been stated that the petitioner did not mark his presence and as such he was not treated to be present on the date of counselling, hence no fault can be found with the respondents' action in granting admission to the respondent No. 4 to the said course.