Vijender Jain, C.J. - (1.) The representation made by certain students, who were aspiring to seek admission in the Engineering Colleges in the State of Punjab, was treated as a writ petition in the public interest. The following grievance was highlighted in the said representation: 1. Public advertisement published in various newspapers on dated 24.7.2003 inviting application for nomination to various Engineering Colleges issued by Director, technical Education and Industrial Training, Punjab, Chandigarh (copy enclosed).
(2.) Public advertisement published in various newspapers on dated 30.8.2003 inviting application for nomination to various Engineering Colleges issued by Director, Technical Education and Industrial Training, Punjab, Chandigarh (copy enclosed). Sequence of events is as below: DATE EVENT 24.07.03 Govt. issues public advertisement in various newspapers inviting applications upto 05.08.2003 (5.00 p.m.) from eligible candidates for nomination to various Engineering colleges including Thapar Institute of Engineering and Technology, (Deemed University), Patiala for the year 2003 -2004 for making nominations. i) Purely on basis of rank of CET -2003 conducted by Punjab Technical University, Jalandhar. ii) All the eligible candidates shall be regarded at par and there shall be no inter se categorization and the nominations shall be made strictly in accordance with rank in the Common Entrance Test (CET -2003) conducted by PTU, Jalandhar. iii) Counselling of candidates: Counselling of the candidates for nomination seats shall be held on 10.08.2003 at 10.00 a.m. in the Committee Room of Directorate of Technical Education & Industrial Training, Punjab, Plot No. 01, Sector 36 -A, Chandigarh. Only those candidates will be considered who have applied against the nomination seats. No separate letter for counselling shall be issued. 05.05.03 (5.00 p.m.) A large No. of application are received in the O/O Director Technical Education & Industrial Training, Punjab, Chandigarh. 09.08.03 Merit list strictly in accordance with the rank of the candidates in CET -2003 held by PTU, Jalandhar is displayed on the notice board of O/O Director, Technical Education &* Industrial Training, Punjab, Chandigarh. Ward of a highly powerful Bureaucrat of Vigilance Bureau of Punjab appears at Sr.No. 16 of the displayed merit list. 10.08.03 Counselling of candidates is held and finalized by the counselling committee headed by Dr.Roshan Sunkaria (IAS), Director, Technical Education & Industrial Training, Punjab, Chandigarh. Ward of highly powerful bureaucrat of Vigilance Bureau of Punjab, appearing at Sr.No. 16 cannot be accommodated for nomination to Engineering Seat in Thaper Institute of Engineering and Technology (Deemed University), Patiala, a premier Engineering Institute. 11.08.03 Just to accommodate the ward of highly powerful bureaucrat of Vigilance Bureau, Punjab, the whole bureaucracy bends knees down. 30.8.03 Directorate of Technical Education & Industrial Training, Punjab, Chandigarh issues another advertisement bending the criteria for nominations, to accommodate the ward of the highly powerful bureaucrat of Vigilance Bureau, Punjab to adjust him/ her in Thapar Institute of Engineering & Technology, (Deemed University), Patiala as below after finalization of the counselling of the candidates held on 10.08.03: B. Criteria and Earmarking Seats: i) To sift out the eligible candidate, by scrutinizing the documents and certificates etc. ii) To place the eligible candidates in the appropriate category, from among the seven categories. Iii) In the even there are more than one eligible candidates in any particular category, to place, the candidate in each category, in the ascending order the CET rank, within the same category. iv) Thereafter, to nominate the candidates with the highest rank in CET from among the candidate who is at top of the list in a specific category and also throughout and thence pick up candidates who are first in the other categories, going by increasing CET rank of the top candidate in a specific category and v) After all the seven categories have been scanned and candidate selected, to repeat the process and pick up candidates who are second rank in the respective categories. By repeating this process, the nominations shall be made and the preference/ option given by a candidate shall be taken into consideration, in accordance with the order emerging out of this process. By introducing the above criteria of Inter -Se - Categorization after display of the merit list on 09.08.2003, and after completion of the counselling process held under the Chairmanship of Dr. Roshan Sunkaria, IAS Directorate of Technical Education & Industrial Training, Punjab, Chandigarh on 10.08.2003, the ward of the highly powerful bureaucrat of Vigilance Bureau, Punjab has been brought at Sr.No. 3 of the merit list just to accommodate him/ her nomination in Thapar Institute of Engineering and Technology, (Deemed University), Patiala for which the counselling is proposed to be reheld on 12.09.2003. 2. In response to the notice, the State of Punjab filed its counter through the Secretary, Technical Education & Industrial Training and sought to justify the power of nomination by it to certain seats not exceeding the quota of 2% in Thapar Institute of Engineering and Technology, Patiala, which is a deemed university and in which reservation was provided for the first time from the session 1986 -87 keeping in view the situation in the State prevailing at that time which warranted the accommodation to the distressed migrant families. It was stated that a nomination policy was duly framed and published on 23.7.2003, which was revised on 27.8.2003 providing accommodation to the following categories: i) Children of those who have lost a bread winner owing to terrorist action or where such a person has suffered permanent disability of 50 -% and above, as a result of terrorist action, or ii) Families of riot victims, if someone in family, was killed between 31.10.1984 and 7.11.1984 in the riots in Delhi, Bokaro Kanpur and other places, or iii) Grand Children of Freedom Fighters, or iv) Children of Defence Personnel who were resident of Punjab and have since died in any operation whether in Punjab or outside Punjab/ India including during Kargil Operation 1999, or v) Children/ widows of Para military forces personnel, Punjab Police, PAP and Punjab Home Guards, killed or disabled in action to the extent of 50% or more, and children/ wards of officers and Jawans of Punjab Police PAP and Para Military forces, all of whom are winners of President and Police Medal for Gallantry or winners of Police Medal for Gallantry (provided it is conferred by the President of India), including such posthumous awardees, or vi) Children of Punjab Government Officers with 20 years service, out of which at least 5 years have been spent on dangerous or arduous duties, or vii) Children of Punjab Government employee, the employee being widow.
(3.) Dis -satisfied with the response submitted by the State, we had appropriately sought the government record of the case.;