N.K.Mitra, C.J, S.R.Singh, J. - (1.) Challenge in the instant Special Appeal is directed against the judgment and order dated 23.12.1998 of the learned single Judge passed in Civil Misc. Writ Petition No. 30230 of 1908, Shailesh Kumar v. Chairman, Admission Committee, Combined Entrance Examination (C.E.E.). 1998 Moti Lal Nehru Regional Engineering College, Allahabad and another, by means of which the petition was disposed of attended with a direction to the appellant herein to allow the petitioner to take admission to first year of the four year course of B.E./B. Tech, etc., in Moti Lal Nehru Regional Engineering College (in short the M.L.N.E. College, Allahabad), Allahabad within a week.
(2.) A brief resume of the necessary facts is that the respondent Shailesh Kumar, having passed High School and Intermediate Examinations in the first division, appeared consequent upon being allotted Roll No. 130525 in the Combined Entrance Examination (C.E.E.), 1988. The examination as sponsored by the appellants for admission of students to first year of the four-years course of B.E/B, Tech.. etc., in various Engineering Colleges in Uttar Pradesh and various other Regional Engineering Colleges in India. It would appear that the respondent romped home in the examination for admission under O.B.C. quota and his name figured at Serial 985 of the merit-list. Then followed the counselling in which process candidates ranking higher in merit, were appropriated to one or the other Engineering Colleges. One seat remained vacant in M.L.N.E. College, Allahabad, but it was not divulged to the respondent at the time of counselling, and he was denied admission in the said college on the mendacious ground that no seat in the said college was left to be filled. The case of the appellants before the learned single Judge was that the respondent at the time of his counselling held on 7.8.1998 was offered admission in any of the Private Colleges in U. P. against a free seat but he declined to take admission in any of the private Engineering Colleges ; that 167 students had been already admitted in M.L.N. Engineering College. Allahabad as against the sanctioned strength of 160 seats ; that no seat was vacant in the college and, that the rank of the last student admitted in the College was 384 while that of the writ petitioner was 985 and hence he could not be admitted in M.L.N.E. College, Allahabad, in that many meritorious students were denied admission. In the Special Appeal, a new plea has been raised that the seat against which the respondent staked his claim for admission in M.L.N.E. College. Allahabad was "reserved for U. P. Scheduled Caste-Freedom Fighter".
(3.) The learned single Judge recorded a finding of fact that "It is wrong to say that there was no seat available on the date of counselling dated 7.8.1998 and at that time, all other candidates higher in merits had already given their choice for some other institution". The learned single Judge further held that since no subsequent change of institution was permissible under any situation in view of paragraph 14.3 of the information Brochure, the candidates higher in merit than the respondent herein who had already taken admission elsewhere would not be entitled to change their Institutions and get admission in Moti Lal Nehru Engineer College, Allahabad. The petitioner was, therefore, held entitled to get admission in the vacant seat available at Moti Lal Nehru Engineering College, Allahabad.;