K.P. Bhandari, J. - (1.) This is a Writ Petition for issuance of a writ of mandamus directing the respondents to admit the petitioner in Bachelor of Engineering (Textile) in the 1st Year course in Regional Engineering College Jalandhar.
(2.) The facts of the case are admitted on both sides. The petitioner applied for admission to B.E. (Textile) course for the 1st year. According to the merit list of the candidates, he was entitled to be admitted and was offered a seat in the Regional Engineering College Bathinda for the said course. According to the conditions laid down in the prospectus under item no. IV(pages 48-49) it is laid down that the allotment of branch and the type of admission will be made on the basis of number of seats available in a particular branch at that time. However, if any seat falls vacant due to some of the students leaving the college before the last date of admission prescribed by the University, the admitted students shall be shifted to other disciplines on the basis of their merit position. The resultant vacancy will be filled in the order of merit out of candidates whose names appear in the waiting list. It is averred in the petition that some of the candidates did not join Regional Engineering College, Jalandhar, resulting in vacant seats. The respondent-College without observing the criteria laid down in the prospectus offered the seat to respondent No. 6 who was lower in merit than the petitioner, and, as per the prospectus the seat should have been offered to the petitioner. Strong reliance has been placed by Shri Girish Agnihotri, Advocate, for the petitioner, on the provisions of Prospectus. Perusal of Prospectus shows that admission should have been made for the vacancy in order of merit out of the candidates whose names appear in the waiting list.
(3.) At this stage, the relevant provisions of the prospectus may be noticed:- "1 to 3 xx xx xxx 4. The allotment of branch at the time of admission will be made on the basis of the seats available in a particular branch at that time. However, if any seats (all vacant due to some of the students leaving the college before the last date of admission prescribed by the University, the admitted students will be shifted to other disciplines on the basis of their merit position. The resulting vacancies of various branches will then be filled up by the fresh candidates from amongst the waiting list as per merit." A bare perusal of the Prospectus clearly shows that if any seat falls vacant due to some of the students leaving the college before the last date of admission prescribed by the University, the admitted students shall be shifted to other disciplines first, subject to their merit. Admittedly, the petitioner was higher in merit than respondent no. 6, and, there was, therefore, no justification for the respondents to depart from the principles laid down in the prospectus. It was incumbent upon the respondents to follow the principles of merit laid down in the prospectus and not to allow admission to respondent No. 6 in preference to the petitioner. It is well settled that even in matters of grant of concessions, privileges, jobs, etc., the Government must act justly, fairly and equitably as per the criteria laid down by it. If it acts in an arbitrary manner, the resultant action will be violative of Article 14 of the Constitution (Vide Ramana v. International Airport Authority of India AIR 1979 SC 1628) .;