UPSAM CHAUHAN Vs. STATE OF H.P.
LAWS(HPH)-1997-8-33
HIGH COURT OF HIMACHAL PRADESH
Decided on August 16,1997

UPSAM CHAUHAN Appellant
VERSUS
STATE OF H.P. Respondents

JUDGEMENT

KAMLESH SHARMA,J - (1.)We have heard learned counsel for the parties and gone through the record. Admittedly, the petitioner has appeared in Combined Pre -Entrance Test (CPET) held by Himachal Pradesh University on 9.6.1996 for the purpose of admission to Regional Engineering College, Hamirpur and other Regions! Engineering Colleges, for which Regional Engineering College, Hamirpur is the processing institute. He had received his result/mark sheet on 9.7.1996 (Annexure P -3) securing 177 marks out of 300 marks. On the next day i.e. 10.7.1996 he went to Regional Engineering College, Hamirpur for seeking admission in B. Tee/B. E. Degree Course, but he was told by the authorities of the College that last date for receiving application was 8.7.1996, as such, he could not be considered forgiving admission, merely I on the basis of his result in CPET. Hence, he has filed the present writ petition.
(2.)In reply, which is supported by an affidavit of Shri Rajesh Kumar Lath, Registrar, Regional Engineering College, Hamirpur, it is denied that the petitioner ever contacted any authority of the College on 10.7.1996 for seeking admission. However, it is explained that the College by advertisements, which appeared in the newspapers, namely, the Punjab Keshri on 4.5.1996, The Tribune on 6.5.1996, Hindustan Times on 27.5.1996, Indian Express in the same week and Giriraj on 29.5.1996, - had - invited applications, which were to reach the Principal of the College on or before the last date 8.7.1996 (5.00 PM) irrespective of completion of CPET, 1996 being conducted by the H.P. University, Shimla and result declaration thereof. The advertisements arc annexed as Annexure R -l to R -4.
(3.)The perusal of these advertisements clearly shows that there was clear stipulation that "The candidates who are appearing in Common Pre -Entrance Test (CPET) and intending to seek admission in Regional Engineering College, Hamirpur (HP) and against the seats in other Regional Engineering Colleges for which Regional Engineering College, Hamirpur (HP) is the processing institution, must apply to the Principal, Regional Engineering College, Hamirpur (HP). The applications complete in all respects must reach the office of the Principal, REC, Hamirpur (HP) on or before the last date 8.7.1996 (5.00 PM) irrespective of completion of CPET (Common Pre -Entrance Test) 1996 being conducted by Himachal Pradesh University, Shimla and results declaration thereof." Further, in respect of obtaining the prospectus and application form, the clear stipulation was: - "The admission prospectus giving detailed information about qualifications, number of seats, disciplines of study, fees, etc. together with application form can be had by sending a crossed Bank Draft/Postal Orders for Rs.60A drawn in favour of the Deputy Registrar (Accounts), REC, Ham irpur (HP) -177 005, payable at any Bank/GPO Hamirpur or by paying Rs.50 A in cash at the counter of Regional Engineering College Campus, Anu, Hamirpur and Himachal Pradesh Secretariat (Technical Education Branch), Shimla, on all working days during office hours after 31.05.1996. Cheques, Money Orders/ Postal Stamps will not be accepted. The last date for supply of prospectus by post is 22.06.96. Applications received late or found incomplete shall not be considered and the candidates should note that the college will neither make any allowance for postal delays nor for any irregularities in submitting the application. (Emphasis supplied). We have also perused the application form on the top of which it is stated in bold letters that "LAST DATE FOR RECEIPT OF APPLICATIONS (8.7.96) (5.00 P.M.). Therefore, in the advertisements as well as the prospectus and the application form it was made clear by the Regional Engineering College, Hamirpur that the application received late or found incomplete, shall not be considered and no allowance for postal delays or for any irregularity in submitting the applications would be given by the College.


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.