R.P.SETHI, A.C.J. - (1.) As the common question of law are involved in Civil Writ Petitions Nos. 1745, 1744, 906 of 1992 and 9296, 1852 and 7003 of 1993 the same are being disposed of by a common judgment.
(2.) In Civil Writ Petition No. 1745 of 1992 the petitioner has prayed for quashing of Annexure P/2 issued by the respondents- State addressed to respondent No. 2 on the subject of reservation in admission for wards of employees working in the Department / Institution. It is stated in the said communication that reservations in favour of children of the employees of the Department / Institution being run by the Government/ Private aided/ Private un-aided institutions was discriminatory and unconstitutional in view of the judgments of this Court delivered in Civil Writ Petition No. 13799 of 1989 and Civil Writ Petition No. 16459 of 1990. It is further stated that such reservation cannot be justified on the plea of being a measure of welfare. It was, therefore, decided that with effect from the Session 1991-92 onwards, there shall be no reservation in admissions for wards of employees of the Department / Institution and that such a reservation wherever stipulated in the diploma level courses in Government / Private aided/Private un-aided institutions affiliated with the State Board of Technical Education and Certificate Level Courses in all such like institutions under the purview of the Industrial Training Wing of the Department shall stand cancelled with immediate effect. As regards degree level courses, it was stated that the aforesaid decision would be applicable with effect from the next academic session, that is, 1992-93. It is submitted by petitioner that seven eminent industrialists, social workers and educationists had joined hands to form a trust named, The Patiala Technical Education Trust, which was registered at Patiala on 9-4-1956. As per the decision of the Settlors Thapar Institution of Engineering and Technology was set up with Thapar Polytechnic established in 1956 as one of its wings. It is contended that the said Institute was subsequently declared a Deemed University under the name of Thapar Institute of Engineering and Technology and had its own independent arrangements to conduct studies, hold examinations and issue degrees and post-degree certificates of the successful candidates. Besides, reservations in the case of Scheduled Castes/Tribes, Backward Classes, Sportsmen, Ex-Servicemen, 2% seats are reserved for the children of employees of Thapar Institute of Engineering and Technology and Patiala Technical Education Trust and 5% seats of the children of the employees of Thapar Group of Companies. Such a reservation is claimed to have been examined by the Punjab Government who vide their memo No. 32/44/78-7.E.II dated 22-7-1983 intimated the Government that reservations were based on precedents and were in order. It is submitted that as the petitioner was not a party to the judgments referred to in Annexure P/2, they were not bound by the dictum of the Court and the Annexure P/2 could not be applied to them. As Thapar Institute of Engineering and Technology is an institution which is Deemed University under the supervision and management of Board of Governors appointed under the Rules of Institute approved by the Board of Trustees the directions are binding on them. They have their own arrangements to prescribe courses of study, make admissions, arrange setting up and marking of papers, declaration of results and grant of Degrees and Certificates. The respondents have no jurisdiction or authority to interfere in their internal working or to issue instructions/directions incorporated in Annexure P/2. The petitioner-Institute is claimed to be run under the management of a minority community. The respondents have no valid jurisdiction to interfere in the internal arrangement with regard to reservation etc. As the Thapar Institute of Engineering Technology, Patiala is not affiliated with the State Board of Technical Education but is a Deemed University no directions can be issued to them in the matter of admission and reservations.
(3.) Civil Writ Petition No. 1852 of 1993 has been filed by the selected candidates of the Thapar Polytechnic in the Patiala Technical Education Trust and have prayed for registration of their names for the session 1992-93 in the three year diploma course with permission to take up provisional examination. At the time of admission of this writ petition, the respondents were directed to permit the petitioners to take examination subject to the result of the writ petition at their own risk and responsibility.;