Lavanya vs Panjab University And Others

CWP-27070-2026 and other connected cases [1]
IN THE HIGH COURT OF PUNJAB HARYANA AT CHANDIGARH
(1) CWP -27070-2026
Lavanya ......Petitioner
Versus
Panjab University Chandigarh Sector 14, Chandigarh and others
.....Respondents
(2) CWP -27584-2026
Saabiya Sidhu ......Petitioner
Versus
Panjab University Chandigarh Sector 14, Chandigarh and others
.....Respondents
(3) CWP -28280-2026
Mahira Nandwani ......Petitioner
Versus
Panjab University Chandigarh Sector 14, Chandigarh and others
.....Respondents
Reserved on : 02.09.2026
Pronounced on : 07.09.2026
Uploaded on : 08.09.2026
Whether only the operative part of the judgment is
pronounced or the full judgment is pronounced :Full Judgment
Whether there is delay in uploading the judgment : NA
CORAM: HON'BLE MR. JUSTICE SUVIR SEHGAL
HON'BLE MR. JUSTICE RAJESH GAUR
Present: Mr. S.P.S. Aulakh, Advocate for the petitioner.
in CWP-27070-2026.
Mr. Bikramjit Singh Patwalia, Advocate and
Mr. Abhishek Mashih, Advocate, for the petitioner
in CWP-27584-2026.
Mr. Shantanu Bansal, Advocate for the petitioner in
CWP No.28280-2026.
Mr. Jaivir Chandail, Addl. Standing Counsel with
Ms. Mahima Dogra, Junior Panel Counsel
for respondent(s)-U.T. Chandigarh in
CWP-27070-2026 & CWP-28280-2026
Mr. Vivek Sharma, Addl. Standing counsel and
Mr. Jaivir Chandail, Addl. Standing counesl with
ANJAL GUPTA
2026.09.08 13:45
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CWP-27070-2026 and other connected cases [2]
Mr. Ujval Mittal, Advocate/Junior Panel Counsel for
respondents No.2 to 4 in CWP-27584-2026.

SUVIR SEHGAL , J. (ORAL)
1. This singular order shall dispose of all the above-noted three writ
petitions, as there is similarity of facts and legal issue.
2. Petitioners, who are desirous of joining the Bachelor of
Architecture (B. Arch.), course offered by the Chandigarh College of
Architecture (CCA), have approached this Court, by way of separate writ
petitions filed under article 226/227 of the Constitution of India, for a direction
to the respondents to grant them admission for the academic sessions 2026-
2027 onwards. For the sake of convenience, factual matrix is being taken from
CWP-27070-2026 ( Lavanya Versus Panjab University Chandigarh Sector 14,
Chandigarh and others )
3. Petitioner, namely, Lavanya appeared in the Joint Entrance
Examination, 2026 conducted by the National Testing Agency (NTA) under
General Category. She secured 98.17389 percentile marks and obtained an All
India Rank of 1311. She participated in the different rounds of counselling
conducted by Joint Admission Committee (JAC) for admission to the CCA, but
was not successful in securing admission. A special spot counselling was
conducted on 18.08.2026 for the left out seats. Petitioner deposited the requisite
fee of Rs. 40,000/- and participated in the spot counselling, but remained
unsuccessful. She came to know that some seats are vacant and she submitted a
representation on 18.08.2026 (Annexure P-3) before approaching this Court by
way of present writ petition.
4. On an advance notice, Mr. Jaivir Chandail, Addl. Standing
Counsel, appeared on behalf of the respondent(s)/U.T. Chandigarh. He apprised
the Court that there are three vacant seats for the course of B. Arch. He submits
that when the admission process was over, one candidate withdrew after the
ANJAL GUPTA
2026.09.08 13:45
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CWP-27070-2026 and other connected cases [3]
spot counselling and two seats, one in General-EWS and another in General,
both under the Home State Quota are left over. He stated that some
representations have been received for admission against left over seats, which
are pending.
5. By order dated 25.08.2026, this Court directed the respondents to
take a decision on the filling up of the vacant seats. On the deferred date, a
decision taken by the Joint Admission Committee (JAC) was placed on the
record by the counsel for the respondents. The relevant extract of meeting held
online on 27.08.2026, is reproduced hereunder:-
Agenda Agenda Item Decision Taken
Point No.
1. Vacant Seat(s) in CCA in the
context of CWP-27070-2026
titled “Ms. Lavanya vs.
Panjab University and Others”
The Committee deliberated on the matter in
detail and noted that the total intake of CCA
for the B.Arch. Programme is 45 seats, out
of which 44 seats were allotted through the
prescribed counselling process. The
remaining vacant seat is General-EWS under
the Home State quota, which is non-
convertible to Open category as per the JAC
brochure. The prescribed fee has been
received in respect of all the 44 allotted seats
and they are deemed admitted as per the
provisions of the JAC brochure.
Out of 44 admitted candidates, one candidate
allotted open category seat under the Home
State quota, who has deposited the fee, did
not report at the Institute and sent request for
withdrawal by email. One candidate allotted
an Open category seat under the Home State
quota attended classes in the institute and
subsequently submitted request for
withdrawal of the allotted seat to the
Institute. Such withdrawals are not
permissible under the JAC counselling
process and that the matter of
withdrawal/refund shall be dealt with as per
the allotted institute rules only.
The Committee further noted that the
prescribed five rounds of counselling as per
the JAC Brochure, including the Spot
Round, have already been conducted, and
the vacant reserved seats were converted to
Open seats in the last Spot Round in
accordance with the provisions of the JAC
Brochure. The Committee also considered
that making fresh allotments against seats
ANJAL GUPTA
2026.09.08 13:45
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CWP-27070-2026 and other connected cases [4]
after their de-reservation/conversion in the
final round, when the prescribed counselling
process has already concluded, may give rise
to legal and procedural issues.
The Committee considered that, since the
counselling process has already been
completed and the academic session has
commenced from July 31, 2026, conducting
any further round of seat allotment would
not be in accordance with the JAC brochure.
The Committee also noted that withdrawal
of seats by candidates after allotment,
including after the final round, is a
continuing feature of the admission process;
therefore, seats may remain vacant even after
completion of the prescribed counselling
rounds, and conducting an additional round
may not necessarily result in the seats
remaining filled.
After detailed deliberation, the Committee
decided not to conduct any further round of
seat allotment for the B.Arch. Programme.
6. It is evident from the above reproduced decision taken by JAC
that despite the fact that some seats are unfilled, JAC has decided not to
conduct further counselling or admission to the vacant seats of the B.Arch.
course. The result would be that some of the seats in one of the most sought
after course would go waste.
7. Dealing with the restrictions imposed by the Government on
private colleges from filling up seats which fall vacant, Hon’ble Supreme Court
in Index Medical College, Hospital and Research Centre Versus The State of
Madhya Pradesh and Ors. 2023 (11), SCC 570, held that it is a national waste
of resources. Supreme Court observed that interest of general public is not
subserved by seats in professional colleges going vacant. Seats in recognized
medical colleges not being filled up, is detrimental to public interest and the
policy of the government in not permitting the managements from filling up all
the seats has no nexus with the object sought to be achieved. In Federation of
Self Financing Colleges of Education, Punjab Versus State of Punjab and
ANJAL GUPTA
2026.09.08 13:45
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CWP-27070-2026 and other connected cases [5]
others (CWP-22628-2018, decided on 06.09.2018) , a Division Bench of this
Court, expressed a view that seats in educational institutions of higher learning
should not be wasted and the State should formulate a policy for future so that
the seats do not go waste. In Sana Sawhney Versus Chandigarh College of
Architecture and others (CWP-26079 of 2018, decided 22.10.2018) , wherein
petitioner was claiming admission to the Architecture Course in CCA, this
Court directed the respondents to grant admission to the petitioner as seats were
lying vacant and petitioner was the sole claimant. This direction was passed by
a Division Bench after taking into consideration that no fruitful purpose would
be served by permitting the seat to go abegging.
8. A similar situation has arisen in the cases in hand. After all the
rounds of counselling have concluded, some seats have fallen vacant. The
decision taken by JAC that another round of counselling cannot be held in the
above background, cannot be appreciated. Vacant seats not only result in waste
of previous national resources, but also amounts to a denial of an opportunity to
the students to pursue a professional course of their choice.
9. In particular, this Court would like to deal with an argument
addressed by Mr. Vivek Sharma, Additional Standing Counsel, for U.T.
Chandigarh, who has urged that, as all the seats had been filled and students
have deposited the requisite fee etc., seats have to be treated as consumed. This
argument may apply, when it comes to filling up posts in a recruitment process,
however, it cannot be extended to deny the admission of meritorious students to
professional courses. By taking such a hyper-technical view, the entire future of
a deserving students cannot be jeopardized. The argument is, therefore,
rejected.
10. This Court is of the view that the vacant seats deserve to be filled.
Ergo, a mandamus is issued to the respondents to fill in the seats left vacant
ANJAL GUPTA
2026.09.08 13:45
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CWP-27070-2026 and other connected cases [6]
from the students, who had appeared in the spot counselling, on the basis of
merit. The seats shall first be offered to the participants of the spot counselling
and, thereafter, to the representationists in accordance with merit. This exercise
be completed within one week from today, so that the students can join the
ongoing classes.
11. With the above direction, all the three petitions are disposed of.
12. All pending misc. application(s), if any, also stand disposed of.
(SUVIR SEHGAL )
JUDGE
(RAJESH GAUR)
JUDGE
07.09.2026
Anjal Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
ANJAL GUPTA
2026.09.08 13:45
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integrity of this document