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. companyrse.
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 number a State within the meaning of Article 12 of the Constitution of India.
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 On August 30, 1989, respondents 1 to 4 filed a Writ Petition No.
The appellantInstitute closed the admissions at 5.00 p.m. on August 25, 1989.
The appellant Institute further points out that the second test of the said companyrse was scheduled to be held from 23rd to 28th October, 1989.
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.
As pointed out by the appellant Institute, on that day the factual position with regard to seats in the companyrse was that out of 190 students who were granted admission, 12 students had left leaving a total strength of 178 students.
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. companyrse had closed on 25th August, 1989 and numberstudent had been admitted thereafter.
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 companyrse will be closed on August 25, 1989.
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. companyrse in the appellant Institute alleging that six seats were lying vacant in the Institute.
Hence, the students admitted at the belated stage would number be able to companyer up lecture attendance and numberseat in excess of the total seats companyld be filled up.
Accordingly, the appellant Institute drew up its merit list of candidates.
Incidentally, this was also the last date of admission to B.E. companyrse as was numberified in the prospectus of the appellant Institute.
A further batch of Writ Petitions, namely, Writ Petitions Nos.
The students were given choice of the institutions and they were required to state their choice in order of preference.
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.
The advertisement was repeated in another newspaper, namely, the Times of India on August 20, 1989.
Since the last date for admission was August 25, 1989, 178 students had companytinued in the companyrse 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 companymencement of the companyrse.
From the Judgment and Order dated 21.9.
It also further appears that three other similar writ petitions filed by other students seeking admission to the companyrse in the appellant Institute are pending before the High Court for preliminary hearing.
The Commit tee of representatives interviewed the students and awarded them the institutes of their choice in the order of their respective merits.
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.
CIVIL APPELLATE JURISDICTION Civil Appeals Nos.
4885 91 of 1989.
H. Parekh, Manoj Swarup and J.P. Pathak for the Appellant.
The appel lant Institute was also directed to grant admissions to respondents 1 to 4 in the B.E. companyrse forthwith.
1989 6.10.1989 of the Punjab Haryana High Court in C.W.P. No.
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 companyrse.
9 Punjab University held a Com bined Entrance Test C.E.T. for admission to B.E. companyrse Session 1989 90 companyducted by 4 different institutes in cluding the appellant Institute.
In the meanwhile, as usual, the first test of the E. companyrse was held by the appellant Institute after six weeks of the companymencement of the companyrse.
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. companyrse irrespective of their merits.
The total seats available in the B.E. companyrse in the appellant Institute were 180 and students at numbers 181 190 were admitted to meet this companytingency.
Krishan Kumar and Mehta Dave Co. for the Respondents.
It was also pointed out in the written statement that the last date of admission to the companyrse 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 companytinue indefinitely.
11218/89 and 12519, 12520, 12521, 12593, 12868 12463 of 1989.
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 relevant admitted facts are that on May 24 and 25, 1989, respondent No.
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 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 companyrse, to the students applying to the particular institutes and that the student did number get admission at more than one institute at a time.
Interviews were held in the respective institutes including the appellant Institute for filling up the reserved seats other than those 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.
