- (1.) The petitioners have filed the instant public interest litigation praying for handing over the investigation of bungling in the admissions conducted by Guru Nanak Dev Engineering College (hereinafter referred as 'GNDEC'), Ludhiana for years 2010-11 and 2011-12 to an independent agency preferably CBI. They have also sought directions to respondents No.1 to 5 to take action against respondents No.7 to 9 for their involvement in bungling in admissions for the said academic years and to take action against respondent No.8 including his removal from the post of Principalcum-Director of the college as he was also involved in the bungling in Combined Entrance Test (CET) 2005. They have further prayed for directions to respondents No.5 to 7 to follow the procedure as laid down in notification dated 04.08.2011 for appointment of the Principal of GNDEC, Ludhiana. The petitioners are stated to be old students of respondent No.7 College and members of the Alumni Association of the college. In the reply filed by respondents No.1 and 2 State of Punjab, it is stated that on the basis of the enquiry conducted by Secretary to Government of Punjab disciplinary action was recommended against respondent No.8 on the basis of enquiry report and letter dated 21.07.2005 written by the Principal Secretary, Technical Education and Industrial Training. It is further submitted that as far as bungling in admissions for the session 2010-11 is concerned in Punjab Technical University, Jalandhar is the competent authority. It is also submitted that GNDEC College is a Government institution and is being run by its Managing Committee and the admission of Principal/Director of the college is made by its Managing Committee and a nominee of this department of technical education is a member of the selection committee.
(2.) In the reply filed on behalf of respondents No.3 and 4, it is stated that the petition has been filed to settle personal scores. It has been denied that there was bungling in admissions in the year 2010-11 and 2011- 12 and no complaint was received from any student with regard to the admissions for these academic years and that it is the duty of respondent No.7 institute to admit the students in accordance with merit. It is further stated that on the basis of report of the enquiry committee as well as reply of respondent No.8, suitable action in view of a suggestion made by the enquiry committee has been taken and the procedure of admission against the left over seats has been streamlined. As regards action against respondent No.8 regarding the wrong doing in 2005 is concerned, it is stated that respondent No.8, who was earlier working as Dean, Examination in the Respondent University, had resigned from the University in 2005 and hence no action has been taken in view of the findings in the enquiry report (Annexure P-6). It is further stated that in compliance of order dated 05.03.2013 passed by this Hon'ble Court in CWP No.5553 of 2013 wherein directions were issued to decide the representation on the basis of the recommendations of the earlier constituted enquiry committee on the same matter, suitable directions had been issued to the respective departments with regard to admission and remuneration in respect of the revaluation of the answer sheets etc. It is further submitted that the service conditions of respondent No.8 are under the control of respondents No.5 and 7.
(3.) In the reply filed on behalf of respondents No.7, 9 and 11 (GNDEC), it is stated that the petitioners have concealed material facts and have mislead this Hon'ble Court. It is stated that petitioner No.1 was working as Executive Director (on contract) of STEP (Science and Technology Entrepreneurs' Park, GNDEC, Ludhiana) i.e. a sister concern institution of respondent No.7 i.e. GNDEC and both of these institutions are under the control of Nankana Sahib Education Trust, Ludhiana. It is further stated that petitioner No.1 was relieved from the post of Executive Director for making some objectionable comments through social media against respondent No.7-college and its governing body and further tried to lower the reputation of his superiors and tarnish the image of the institution. Copy of letter of the members dated 17.05.2012 and relieving order dated 31.07.2012 are annexed as Annexure R7/1 (colly). We have heard the learned counsel for the parties and gone through the record.;