SANJEEV KUMAR SAHU Vs. STATE OF U.P. AND ANOTHER
LAWS(ALL)-1985-12-50
HIGH COURT OF ALLAHABAD
Decided on December 21,1985

Sanjeev Kumar Sahu Appellant
VERSUS
State of U.P. and another Respondents

JUDGEMENT

K.N. Singh, J. - (1.) The petitioner appeared at the Combined Entrance Examination, 1985, for admission to B.E/B. Tech./B. Text./B. Arch. Courses in the Regional Engineering Colleges including Moti Lal Nehru Engineering College, Allahabad. On the declaration of the result of the examination the petitioner was not selected for admission. Aggrieved, he has approached this Court by means of this petition under Article 226 of the Constitution for quashing the result of the Combined Entrance Examination, 1985, and also for the issue of a writ of mandamus directing the Admission Committee, Moti Lal Nehru Engineering College, Allahabad, to admit the petitioner.
(2.) The petitioner's main grievance is that the Admission Committee failed to take into account the Government Order dated February 19, 1981, in computing 15% reservation made in favour of the backward class candidates. The Government order directed that 15% reservation should be made in favour of backward class candidates even if some of the backward class candidates have already been selected for admission, under the general category. In the counter affidavit filed on behalf of the respondents it is conceded that the directions as contained in the Government order dated February 19, 1981 were not followed as the Committee had no knowledge of the same. Thus on the admitted facts the Admission Committee, Respondent No. 2, has failed to make admission in accordance with Government order dated February 19, 1981.
(3.) In view of the above discussion the entire admission is rendered illegal, but we do not want to issue any positive order in this respect as it will affect a large number of candidates who have already been admitted and are undergoing their study. However, having regard to the facts and circumstances of the case, we direct the respondents to admit the petitioner in any of the courses for which he appeared and at the Combined Entrance Examination, 1985. Petition allowed.;


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