- (1.) C. M. No. 9195 of 2014 : Replication to the written statement is taken on record. CM stands disposed of.
(2.) Main Case : All the petitioners were persons, who claim admission to Engineering Course, claiming that the examination result announced by the Central Board of Secondary Education (CBSE) has introduced new conditions, which were not part of the prospectus. The allusion is to the results announced, setting out the marks secured in the entrance examination and the overall ranks obtained by candidates by taking into account 60% for entrance examination and 40% for the marks secured in +2 examination. The CBSE has stipulated that the persons, who shall not be permitted for filling up their choices online for counselling, shall be the persons, who secured less than the cut-off marks and also sets out in three categories of persons, who are eligible for filling up choices online, viz. :- persons in Common Merit List Category 62 marks, OBC Category 52 marks, SC/ST Category 32 marks. All the petitioners, who claim under the Sports Quota, were persons who secured less than 62 marks and according to them, the stipulation may amount to a new criterion, which was not already found in the prospectus. The prospectus reveals the minimum marks that would be necessary for being eligible and also states that reservation in their respective states shall be as per the reservation policy. The petitioners' contention is that the persons belonging to the Sports Quota are an independent category and there cannot be any cut-off marks for those persons to be eligible for filling up the choices online. The petitioners have argued that at a previous occasion, the University issued a Corrigendum setting out 62 marks as the minimum eligibility criterion for applying online. This Court, in a judgment titled Ritesh Bindal vs. Punjab University - C. W. P. No. 14760 of 2013 held that introducing new criterion, which was not found in the prospectus, would be impermissible and quashed the Corrigendum. The Court, in its judgment dated 23.07.2013, relied on Full Bench rulings of this Court, which are again relied by the counsel, viz. Amardeep Singh Sahota vs. State of Punjab, 1993 104 PunLR 212and also in the case of Raj Singh vs. The Maharishi Dayanand University, 1994 107 PunLR 32, holding that new criterion cannot be introduced in the course of selection process for admission, which were not part of the criterion at the time, when the prospectus was released.
(3.) The counsel for the petitioners has argued making reference to the eligibility conditions declared by the University, where it is set forth as under :- "Inter-se Merit for Admission The inter-se merit of the candidates for admission will be determined on the basis of All India Rank obtained in JEE (Main) 2014 only, except in the Sports Category and the Defence Categories.";