THAPAR INSTITUTE OF ENGINEERING AND TECHNOLOGY PATIALA TECHNICAL EDUCATION TRUST THAPAR INSTITUTE OF ENGINEERIN AND TECHNOLOGY TECHNOLOGICAL INSTITUTION OF TEXTILE AND SCIENCE BHIWANI Vs. STATE OF PUNJAB:MAHARSHI DAYANAND UNIVERSITY

JUDGEMENT

(1.) Special leave granted in S.L.P. (C) Nos. 10132 of 1995 and 10224 of 1995.

(2.) These appeals and the writ petition raise common question relating to reservation of seats for wards of employees in the matter of admission to institutions imparting technical education. The appeals are directed against the judgment of the High Court of Punjab and Haryana dated September 2, 1994 (reported in AIR 1995 Punj. and Har. 185). We will first take up the appeals.

(3.) Civil Appeal No. 4101 of 1995 relates to the Technological Institute of Textile and Science at Bhiwani in the State of Haryana (for short the T.I.T. and S.). The T.I.T. and S. is a society registered under the West Bengal Societies Registration Act, 1961. It is running a technical institute which imparts education/training in Textile Technology, Textile Chemistry, Computer Science and Management Science leading to the award of B. Tech/M. Tech./M.M.S. Degrees. The T.I.T. and S. is affiliated to the Maharshi Dayanand University, Rohtak (hereinafter referred to as the respondent-University). The T.I.T. and S. also owns and runs a textile mill under the same roof employing about 1500 workers wherein the students receive practical training under the actual mill working conditions. The normal intake in the B.Tech. Course of the T.I.T. and S. is 90 students each year and admission to these 90 seats is made according to merit on the basis of a competitive entrance test conducted by the respondent-University. In addition to the aforesaid 90 seats, the T.I.T. and S. has provided four additional seats for the wards of the employees of the appellant-Institute. These seats are available to the wards of only those employees who have put in minimum 10 years service in the T.I.T. and S. Two of these four seats are available in Computer Science and the other two in Textiles Out of these four seats two seats are earmarked for college staff and two seats for mill/school staff. As per the rules prescribed for admission effective since academic session 1991-92, in order to be eligible for admission the candidate is required to have at least 60% marks in the aggregate of three subjects (Physics, Chemistry and Maths) at 10 + 2 examination and admission is to be made on the basis of merit to be earned according to the marks secured in the Entrance Examination conducted by the respondent-University. Seats earmarked for college and mill/school staff can be inter-changed in case there is no eligible candidate in one particular group and if a seat allotted for Computer Course is not desired by the allottee, he shall be offered a seat in the Textile Course and, if any seat remains vacant, the requirement of service period may be relaxed with prior approval of the Chairman of the Society. Normally this facility for wards of the staff is available for one seat for one employees child but in no case it can be extended to more than two children. The wards of the employees who secure admission on their own merit or on reserved seats of wards are eligible for freeship. The T.I.T. and S. does not receive any financial aid either from the State Government or the Central Government or the respondent-University or any other local authority. By letter dated July 15, 1993, the respondent-University conveyed its decision not to permit the T.I.T. and S. to continue with the reservation of seats for the wards of the staff of the T.I.T. and S. in the B. Tech Course in view of the judgment of this Court in J. P. Unni Krishnan v. State of Andhra Pradesh, (1993) 1 SCC 645 and the T.I.T. and S. was directed not to make any admission under this category. Feeling aggrieved by the said order of the respondent-University, the T.I.T. and S. filed a Writ Petition (C.W.P. No. 9296 of 1993) in the High Court of Punjab and Haryana which has been dismissed by the impugned judgment of the High Court dated September 2, 1994.