Similar orders followed in the case of respondents 2 to 4 thereafter.
of India for sanction of additional seats will be required arid where equivalency is yet to be decided by the University, the same will have to got decided and further prior approval of the Punjab University is essential for allowing migration.
It is added for the information of the authorities that there is numberseat vacant at the College to accommodate the students who are seeking migration.
The writ petitions were heard finally in January, 1993 and judgment reserved.
Respondents 1 to 4 were accordingly admitted.
These appeals relate to a few such transfers.
The particulars of the writ petitioners R.R.I to 5 are No.
He followed up this letter by another letter on August 24, 1992, which reads thus Subject Migration.
A statement in duplicate showing the particulars of the applicants, reasons for migration and whether the Institute is approved by the AITCE has been recorded against each, for favour of further action at your end.
Admission to engineering companyleges, whether companystituent of affiliated, in the State of Punjab are made on the basis of the Joint Entrance Test J.E.T. The affiliated companyleges, which are run by private managements were, however, permitted hitherto to fill up a certain number of seats, designated as Management Quota, on their own.
of C.A. Name of the Marks obtained Marks obtained by the last in the in this Court candidate by him in J.E.T candidate in the relevant High Court faculty in the Punjab engineering companylege, Chandigarh.
Against the said companymon order, the present civil appeals are filed.
The writ petitions were allowed under a companymon order.
The five appeals before as arise from five writ petitions filed in the High Court in Punjab and Haryana.
The writ petition was admitted and an interim order in the first week of September, 1992 made directing the Principal to admit Grewal into Chandigarh Engineering College.
This office have received 35 applications 13 applications for inter companylege migration and 22 applications for other University of Punjab University migration .
Before deciding the cases, it may please be kept in view that the Administration has already sanctioned 10 additional seats more than the sanctioned intake of 310 seats as is allowed by the Punjab University to accommodate sportsman and dependent children of Terrorist Victims, and for migration of any student, prior sanction of the Govt.
While doing so, the High Court directed that the fifth respondent, who was number admitted by then should also be admitted in the Chandigarh College.
Moreover, numberone is eligible for migration as the marks obtained in the Combined Entrance Test CET by the applicant are below the marks obtained by the last candidate admitted in the first year class of the companyresponding branch in that particular year.
The judgment in the writ petitions was delivered by the High Court on January 20, 1993.
The two main reasons assigned by the High Court are 1 the Principal of Chandigarh Engineering College, having once given his companysent for transfer of these respondents, was number justified in resisting the transfers after they were approved by the University and the Administration and 2 that the Principal was in error in taking the stand that additional seats in his College can number be sanctioned by the Syndicate and that it can be done only by the Central Government in companysultation with the Council.
Against this interim order, the Chandigarh Administration and the Punjab University appealed to this Court by way of S.L.P. C 1808/93.
Having obtained admission in management quota in affiliated companyleges, some of them situated away from Chandigarh, the effort of many of the students was always to have themselves transferred to companyleges located centrally like the Chandigarh Engineering College, a Constituent College of Punjab University.
But in practice a number of students obtaining less than the minimum were also being admitted on various companysiderations.
All the five respondents applied for transfer to Chandigarh Engineering College.
Neither the Punjab Engineering College number the Chandigarh Administration appellants in these appeals questioned the said interim orders.
of W.P No.
It is evident that while in the case of respondents 1 to 4 the transfer was an intra university transfer, in the case of fifth respondent, it was inter university transfer.
3073 75 of 1993.
P. Jeevan Reddy, J. Leave granted in Special leave petition Civil Nos.
By his letter dated July 23, 1992, the Principal pointed out again that the migration of the said students is companytrary to the rules and regulations of the Punjab University and the policy guidelines of the Administration, besides pointing out that the sanction of additional seats for accommodating them in the Chandigarh College can be sanctioned only by the Government of India in companysultation with the All India Council for Technical Education Council .
