Full Judgment Text
http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 1 of 5
PETITIONER:
THAPAR INSTITUTE OF ENGINEERING ANDTECHNOLOGY, PATIALA (DEEM
Vs.
RESPONDENT:
ABHINAV TANEJA AND ORS.
DATE OF JUDGMENT06/04/1990
BENCH:
SAWANT, P.B.
BENCH:
SAWANT, P.B.
SHETTY, K.J. (J)
SHARMA, L.M. (J)
CITATION:
1990 AIR 1222 1990 SCR (2) 394
1990 SCC (3) 468 JT 1990 (3) 72
1990 SCALE (1)37
ACT:
Constitution of India, 1950.’ Article 226--High Court
exercising extraordinary jurisdiction--Not to exercise
peremptorily, without giving reasons.
Admission to professional institutions.’ B.E.
Course--admissions ---Writ Petitions by some
candidates--High Court directing admission of--Petitioners
less meritorious than others waiting--Whether justified.
HEADNOTE:
For admission to B.E. Course (1989-90 Session) in the
appellant Institute and 3 other institutes, there was a
Combined Entrance Test held by the Punjab University. The
results were declared, and students allotted to the respec-
tive institutes of their choice. The appellantInstitute drew
up merit list of candidates allotted to it and gave admis-
sions in that order.
To fill up the vacant seats as a result of some students
leaving the Institute, the appellant-Institute held inter-
views on 14.8.1989, which incidentally was the last date for
admission to B.E. Course. However, the last date was extend-
ed up to 25.5.1989. When admission was closed on that day,
the last student admitted was at S. No. 1127 in the merit
list prepared by the University.
Respondents 1 to 4 filed a writ petition before the High
Court on 30.8.1989, alleging that six seats were vacant and
the appellantInstitute be directed to admit them. The High
Court on 21.9.1989 allowed the writ petition on the assump-
tion that six seats were vacant, whereas only 2 seats were
available, according to the appellantInstitute.
Respondents 5 to 8B also approached the High Court by
way of writ petitions and the High Court directed the appel-
lant-Institute to admit the six Respondents also in the B.E.
Course. Further, three other similar writ petitions were
pending before the High Court.
395
Against the above-said orders of the High Court, the
appellantInstitute has preferred these appeals contending
that the last candidate admitted was at S. No. 1127 in the
merit list and admittedly all the Respondents except Re-
http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 2 of 5
spondent No. 6 were less meritorious, while candidates with
higher merits were still waiting for admission. It was
contended that while there were only 2 vacant seats, the
High Court has directed the appellant-Institute to admit as
many as ten candidates, that too long after the course
started and the First Terminal Exams were over.
Dismissing the appeals, this Court,
HELD: 1.1 The High Court not only ignored the fact which
was specifically pointed out in the appellant-Institute’s
affidavit that there were no seats available in the appel-
lant-Institute whose capacity was only 180 seats, but also
the fact that there were more meritorious students than the
Respondents as per the Combined Entrance Test, who could not
secure admission and who were waiting to he admitted to the
appellant-Institute. The Respondent-students could get
admission to the appellant-Institute only if theft compara-
tive merits ordained it and not otherwise. They could claim
no merit over other meritorious students merely because they
had approached the Court for securing admission. In fact, in
their writ petitions before the High Court, the respondent-
students had claimed no further relief than that they should
be directed to be admitted according to their merit. [399B-
E]
1.2 There was nothing wrong in the appellant-Institute
admitting 10 more students in B.E. Course. The Institute has
a capacity of only 180 students. To meet the contingency of
the students leaving it soon after admission the appellant-
Institute had admitted 10 more students as has been done
every year. As it turned out, 12 of the students left leav-
ing 178 students on the roll, with only 2 vacancies. The
High Court could have directed only two students to be
admitted and that too on merit. Admittedly, there were more
meritorious students than the respondents, waiting in queue.
The High Court thus travelled beyond its jurisdiction and
not only directed more students than the Institute could
absorb but also students who were less meritorious to he
admitted. No reasons whatsoever have been given by the High
Court for exercising its extraordinary writ jurisdiction so
peremptorily which has resulted in injustice both to the
appellant-Institute as well as to the students who stood
higher in merit than almost all the respondentstudents
except Respondent No. 6.[399E-H]
396
2. Since, however, the respondent-students stand already
admitted, and the more meritorious students cannot now avail
of the seats given to the respondents due to lapse of time,
their pursuit of the course is not interfered with. [400A]
JUDGMENT:
CIVIL APPELLATE JURISDICTION: Civil Appeals Nos. 4885-91
of 1989.
From the Judgment and Order dated 21.9. 1989 & 6.10.1989
of the Punjab & Haryana High Court in C.W.P. No. 11218/89
and 12519, 12520, 12521, 12593, 12868 & 12463 of 1989.
P.H. Parekh, Manoj Swarup and J.P. Pathak for the Appellant.
Krishan Kumar and Mehta Dave & Co. for the Respondents.
The Judgment of the Court was delivered by
SAWANT, J. These appeals are directed against two Orders
of the Punjab & Haryana High Court by which the High Court
has directed the appellant-Institute to admit respondent-
students 1 to 8B to its B .E. course irrespective of their
merits.
2. The relevant admitted facts are that on May 24 and
http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 3 of 5
25, 1989, respondent No. 9--Punjab University held a Com-
bined Entrance Test (C.E.T.) for admission to B.E. course
(Session 1989-90) conducted by 4 different institutes in-
cluding the appellant-Institute. On June 26, 1989, the
University declared the merit list of students who appeared
in C.E.T. June 30, 1989 was the last date fixed for submit-
ting applications by students to individual institutes. The
students were given choice of the institutions and they were
required to state their choice in order of preference. The
representatives from the 4 institutes met together at Chand-
igarh from 24th to 27th July 1989 to finalise the admissions
tO the 4 institutes. The meeting of the representatives of
the 4 institutes was necessary to ensure that the students
were given the institutes of their choice in the order of
merit, subject, of course, to the students applying to the
particular institutes and that the student did not get
admission at more than one institute at a time. The Commit-
tee of representatives interviewed the students and awarded
them the institutes of their choice in the order of their
respective merits. Accordingly, the appellant-Institute drew
up its merit list of candidates. Interviews were held in the
respective institutes including the appellant-Institute for
filling up the reserved seats other than those
397
reserved for Scheduled Castes and Scheduled Tribes and also
for filling up seats in general category which fell vacant
subsequentIy as a result of the students leaving the appel-
lant-Institute. On August 14, 1989, a second round of inter-
views was held in all the institutes including the appel-
lant-Institute for filling seats which fell vacant as a
result of the students leaving the appellant-Institute
subsequently. Incidentally, this was also the last date of
admission to B.E. course as was notified in the prospectus
of the appellant-Institute. However, the last date was
extended to 25th August, 1989 by an advertisement in the
newspaper, namely, Tribune published on August 19, 1989
wherein it was clearly mentioned that the admission to the
course will be closed on August 25, 1989. The advertisement
was repeated in another newspaper, namely, the Times of
India on August 20, 1989. The appellantInstitute closed the
admissions at 5.00 p.m. on August 25, 1989. On this day, the
position of the appellant-Institute was that the last stu-
dent who was admitted to the B .E. Course was at serial
number 1127 in the merit list prepared by the University as
per the results of the C.E.T
3. On August 30, 1989, respondents 1 to 4 filed a Writ
Petition No. 112 18/89 before the Punjab & Haryana High
Court for a direction to the appellant-Institute to extend
its last date of admission and to admit them to the B.E.
course in the appellant-Institute alleging that six seats
were lying vacant in the Institute.
4. In the meanwhile, as usual, the first test of the
B.E. course was held by the appellant-Institute after six
weeks of the commencement of the course. On September 19,
1989, the appellant-Institute filed its written statement to
the writ petition objecting to the maintainability of the
petition against the appellant-Institute as it was not a
State within the meaning of Article- 12 of the Constitution
of India. It was also pointed out in the written statement
that since the past experience showed that some students
left the Institute as soon as they got admission in the
other institutes, the appellant-Institute had admitted 10
additional students to the B.E. course. The total seats
available in the B.E. course in the appellant-Institute were
180 and students at numbers 181-190 were admitted to meet
http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 4 of 5
this contingency. It was also pointed out in the written
statement that the last date of admission to the course was
fixed by the appellant-Institute taking into account the
said past experience as well as to put a seal of finality on
the process of admission which would otherwise continue
indefinitely. On September 20, 1989, the appellant-Institute
also filed a short affidavit in the writ petition stating
therein that the admissions to the B.E. course had closed on
25th August, 1989 and no student had been
398
admitted thereafter. It was also pointed out that regular
classes had begun, and the first terminal examination had
been held from 4th September, 1989 to 9th September, 1989
which carried weightage of about 30% marks. Hence, the
students admitted at the belated stage would not be able to
cover up lecture-attendance and no seat in excess of the
total seats could be filled up.
4. On September 21, 1989, the High Court allowed the
writ petition by proceeding on the assumption that more than
half a dozen seats were lying vacant with the appellant-
Institute. The High Court held that belated admissions were
something that the students seeking such admissions would
worry about rather than the appellant-Institute. The appel-
lant-Institute was also directed to grant admissions to
respondents 1 to 4 in the B.E. course forthwith. As pointed
out by the appellant-Institute, on that day the factual
position with regard to seats in the course was that out of
190 students who were granted admission, 12 students had
left leaving a total strength of 178 students. Since the
last date for admission was August 25, 1989, 178 students
had continued in the course with regular instructions and
tests one of which was already held as stated earlier be-
tween 4th and 9th September, 1989, six weeks after the
commencement of the course.
5. A further batch of Writ Petitions, namely, Writ Petitions
Nos. 125 19, 12520, 1252 1, 12593, 12868, 12463 all of 1989
filed by respondents 5 to 8B respectively were allowed by
the High Court on October 6, 1989 directing the appellant-
Institute to admit the respective respondents to the said
course. It also further appears that three other similar
writ petitions filed by other students seeking admission to
the course in the appellant-Institute are pending before the
High Court for preliminary hearing. The appellant-Institute
further points out that the second test of the said course
was scheduled to be held from 23rd to 28th October, 1989.
6. It is not disputed before us that whereas the last
student admitted on merit in the appellant-Institute was at
serial number 1127 in the merit list prepared by the Univer-
sity as per the Combined Entrance Test, the respondent-
students were at the serial numbers in the said merit list,
as follows: respondent No. 1 (1145), No. 2 (1147), No. 3
(116 1), No. 4 (1277), No. 5 (1259), No. 6 (1112), No. 7
(1266), No. 8 (1218), No. 8A (1189) and No. 8B (1245). Thus
it will be seen that except for respondent No. 6 who had not
earlier applied for being admitted to the appellant-Insti-
tute and had opted for some other Institute, all the re-
spondents had secured lower numbers in the merit list.
399
What is further, the students who were at a higher serial
number of merit list were still waiting for admission to the
appellant-Institute, when the High Court directed the appel-
lant-Institute to admit the respondent-students. What is
more, even in their writ petitions before the High Court the
respondent-students had claimed no further relief than that
they should be directed to be admitted to the appellantIn-
http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 5 of 5
stitute according to their merit. The relief claimed in Writ
Petition No. 112 18/89 may be reproduced here by way of
illustration:
"this Hon’ble Court may please to issue a Writ of Mandamus
directing the respondents to extend the date of admission
and to admit the petitioners in the B.E. course as per their
merits;". (emphasis supplied)
The High Court further not only ignored the fact which was
specifically pointed out in the appellant-Institute’s affi-
davit in reply before it, that there were no seats available
in the appellant-Institute whose capacity was only 180 seats
but also the fact that there were more meritorious students
than the respondents as per the C.E.T. who could not secure
admission and who were waiting to be admitted to the appel-
lant-Institute. The respondent-students could get admission
to the appellant-Institute only if their comparative merits
ordained it and not otherwise. They could claim no merit
over other meritorious students merely because they had
approached the Court for securing admission.
7. There was further nothing wrong in the appellant-
Institute admitting 10 more students in the circumstances
pointed out above. The Institute has a capacity of only 180
students. To meet the contingency of the students leaving it
soon after admission they had admitted, as they do every
year, 10 more students. As it turned out, 12 of the students
left leaving 178 students on the roll, with only 2 vacan-
cies. The High Court could have directed only two students
to be admitted and that too on merit. Admittedly, there were
more meritorious students than the respondents, waiting in
queue. The High Court thus travelled beyond its jurisdiction
and not only directed more students than the Institute could
absorb but also students who were less meritorious, to be
admitted. No reasons whatsoever have been given by the High
Court for exercising its extraordinary writ jurisdiction so
peremptorily which has resulted in injustice both to the
appellantInstitute as well as to the students who stood
higher in merit than almost all the respondent-students
except respondent No. 6. We refrain from making any further
comments on the impugned order.
400
8. Since the respondent-students stand already admitted,
and the more meritorious students cannot now avail of the
seats given to the respondents due to lapse of time, we do
not propose to interfere with their pursuit of the course.
It is for this reason that we are dismissing the appeals.
In the circumstances, the appeals stand dismissed, but
with no order as to costs.
G.N. Appeals dismissed.
?401