- (1.) This writ petition under Art. 226 of the Constitution of India filed by two petitioners seeking interference of this Court under Art. 226 of the Constitution with the following prayers :- (i) A writ, order or direction in the nature of writ of mandamus restraining the respondents from holding counselling with effect from 16/07/2001 in UPSEAT 2001. (ii) A writ, order of direction in the nature of writ of mandamus restraining the respondents from granting any preference or reservation to the girl students in the matter of assignment of either institution or subject branch or discipline in Engineering course; (iii) Any other writs, order or direction as may be deemed fit and proper in the circumstances of the present case. (iv) Award costs of the writ petition to the petitioners.
(2.) The facts as narrated in the writ petition, which raises the controversy, are that the petitioners appeared in Combined Entrance Examination known as U.P. State Engineering Admission Test 2001 (hereinafter refered to as 'UPSEAT 2001). The petitioners asserted that both the petitioners appeared in the aforesaid test and came out with flying colours. While the petitioner No. 1 was placed at serial number 132 in the Combined merit list and petitioner No. 2 was placed at serial No. 154 among the general category candidates.
(3.) Petitioners thereafter asserted that after the declaration of result the respondents hold counselling with a view to assign students to a particular college and discipline (sic) of the engineering according to the merits keeping in view the quota reserved of reservation for various categories of students as explained in the Brochure for the UPSEAT- 2001. The relevant portion of the brochure, which has been appended as Annexure 1 is part of this writ petition. The entire brochure is also annexed as Annexure 1 to the rejoinder affidavit, which refers at page 25 at item No. 14 under the heading BASIS OF SELECTION FOR ADMISSION, ALLOTMENT OF INSTITUTION AND BRANCH," reads as under :- 14. 1 MERIT LIST The merit list will be prepared only on the basis of marks secured by the candidates in UPSEAT Examination. No candidate shall be included in merit list if he/she fails to secure minimum qualifying marks in aggregate in Physics, Chemistry and Mathematics in Group A or Group C, or AG-I, AG-II, AG-III in Group B, or Biology, Physics , Chemistry in Group D; or in the aggregate of all the four subjects in Group E, F, G or H, (for direct admission to second year). The Group E, F, G and H candidates may also be considered for admission to first year of different courses depending upon their eligibility (i.e. if they have also passed Intermediate Examination or (10 + 2) or equivalent and merit. The Aptitude Test in Architencture paper (for Group C and H) shall be of qualifying nature. The merit list of Group C candidates shall be prepared on the basis of total marks obtained by them in Physics, Chemistry and Mathematics papers, based on which they shall be eligible for admission to first year of BE/B. Tech./B. Pharma/B. Tech. (Ag. Engg.)/B. Tech. (Technology) Courses along with the candidates of other subjejct groups. They shall be eligible for admission to first year of five year B. Arch. Programme if they also obtain qualifying marks in Aptitude Test in Architecture paper. Thus, no separate merit list for Group C candidates will be prepared.;