Karnataka High Court
Banuchandra N vs Central Seat Allocation Board on 31 October, 2018
Author: Krishna S.Dixit
Bench: Krishna S.Dixit
1
IN THE HIGH COURT OF KARNATAKA, BENGALURU
DATED THIS THE 31ST DAY OF OCTOBER, 2018
BEFORE
THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT
WRIT PETITION NO.37077 OF 2018 (EDN-RES)
BETWEEN:
BANUCHANDRA N
S/O NAGARAJ R
AGED ABOUT 18 YEARS
SHRAVNADANAHALLI POST
MADUGIRI TALUK
TUMKUR DISTRICT - 572 127.
...PETITIONER
(BY SRI. S P KULKARNI, ADVOCATE)
AND:
1. CENTRAL SEAT ALLOCATION BOARD
(C.SA.B) 2018
MALAVIYA NATIONAL INSTITUTE OF TECHNOLOGY
JAIPUR-302017
(RAJASTHAN STATE)
REPRESENTED BY ITS CHAIRMAN/DIRECTOR
2. NATIONAL INSTITUTE OF TECHNOLOGY KARNATAKA
SURATHKAL
P.O. SRINIVASNAGAR
MANGALORE - 575 025.
REPRESENTED BY DEAN (ACADEMIC)
...RESPONDENTS
(BY SRI. P S RAJAGOPAL, SENIOR ADVOCATE FOR
SMT. ASHWINI RAJAGOPAL, ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
DIRECT THE RESPONDENTS HEREIN TO PERMIT THE
PETITIONER HEREIN TO CONTINUE THE MECHANICAL
ENGINEERING (4 YEARS BACHELOR OF TECHNOLOGY) (
B.TECH) (MECHANICAL) COURSE AND NOT TO CANCEL THE
SAME WHICH SEAT IS ALREADY ADMITTED AT THE SECOND
RESPONDENT COLLEGE AND IN WHICH THE PETITIONER IS
PROSECUTING STUDIES AND ETC.,
2
THIS PETITION COMING ON FOR ORDERS THIS DAY,
THE COURT MADE THE FOLLOWING:-
ORDER
The petitioner, a member of Other Backward Classes hailing from the State of Karnataka, being a candidate with Roll No.178222994 for the Joint Entrance Examination [Main], 2018, had secured CRL Rank No.26233 and OBC-NCL Rank No.6166. The Joint Seat Allocation Authority, 2018 had allotted to the petitioner a seat at the second respondent-National Institute of Technology, Karnataka, for B-Tech course, in Mechanical Engineering under "OBC-NCL (Central List) Home State Category". He was provisionally admitted to the course in the said institute on 23.07.2018 on a payment of requisite admission fee and hostel fee.
2. In terms of the Business Rules for Joint Seat Allocation for the Academic Programs, 2018-19 that govern the allotment of seats, the first respondent after completion of all JoSSA Rounds, conducted special vacant seats filling rounds i.e., Special Round wherein, the petitioner selected the fourth option "Surrender And Not Participating in Next Round" and consequently, the seat allotted to him in the JoSSA Round stood cancelled and further that the same 3 came to be allotted to one Mr.Akash Kuri again under the "OBC-NCL (Central List) Home State Category". This fresh candidate accordingly, has also secured admission by moving from Civil Engineering to Mechanical Engineering.
3. The petitioner who having opted for loosing the seat, made a representation dated 24.08.2018 for restoration of the lost seat by way of re-admission, inter alia stating that the surrender of the seat was done by mistake. His representation for restoration of the seat and the admission, having not been acceded to, the petitioner has knocked the doors of this court inter alia seeking a direction to the respondents to permit him to continue the B-Tech Civil Engineering course in terms of earlier allotment. On 26.08.2018, he sent another representation requesting for accommodating him in any other seat available in the Institute.
4. After service of notice, the respondents entered appearance through their Panel counsel. The second respondent has filed a detailed Statement of Objections resisting the writ petition on various grounds.
5. The counsel for the petitioner submits that the petitioner is a Member belong to "OBC-NCL (Central List) 4 Home State Category" and he hails from a rural area in Tumkur District; though he is a meritorious candidate, by sheer mistake and inadvertence, he had pressed the button "Surrender And Not Participating in Next Round" instead of "Surrender And Participating in Next Round"; immediately, he has made representation for retracing the step which ought to have been favoured by the respondents. Alternatively, the learned counsel vehemently submits that even otherwise also, some seats are available in the second respondent-institute for accommodating the petitioner.
6. Learned Senior counsel appearing for the counsel for the second respondent-Institute submits that the option exercised by the petitioner, by no stretch of imagination be termed as an inadvertent act inasmuch as all information was being displayed on the Display Board/Monitor of the System and only after reading the same, options are exercised by the candidates. Even otherwise also, the counsel submits, that the surrendered seat having been simultaneously allotted to another meritorious candidate under the very same category, cannot be retrieved to the petitioner at all. He denies the availability of any more seats for accommodating the petitioner. The last date for admitting the students against vacancies arising due to any 5 reason was 15.08.2018 and that after the cut-off date, there is a complete legal embargo by the Apex Court. So stating, he seeks dismissal of the writ petition.
7. I have heard the learned counsel for the petitioner and the learned Senior counsel for the second respondent. I have perused the Writ Petition and the Statement of Objections. I have also perused the application filed by the petitioner and the documents produced by him through a Memo.
8. The contention of the petitioner that he had exercised the option "Surrender And Not Participating in Next Round"
by mistake or by inadvertence appears to be too far-fetched inasmuch as the petitioner going by his academic performance apparently is a brilliant student. Secondly, even if it is assumed to be by inadvertence/mistake, still the surrendered seat having been simultaneously allotted to another meritorious candidate who too belongs to the "OBC-NCL (Central List) Home State Category", it is not possible to restore the admission to the petitioner. Granting relief to the petitioner, virtually amounts to robbing off the admission granted to another innocent 6 candidate and this strikes at the root of law, reason and justice.
9. The alternate contention that two more seats are available in the second respondent-National Institute of Technology, Karnataka, wherein, the petitioner can be accommodated is not substantiated by the material on record. The second respondent at Para 11 of its Statement of Objections has specifically stated that there is no seat remaining vacant in Civil Engineering under "OBC-NCL (Central List) Home State Category". The effort of the petitioner's counsel to dispel the truth of this assertion of the Institute does not bear fruit.
10. Lastly, the last date for admission i.e., 15.08.2018 having expired, it is impermissible to grant admission to the petitioner even by creating a supernumerary seat, arguably, as held by the Apex Court in the case of Parsvanath Charitable Trust and Others Vs. All India Council for Technical Education and others 2013 (3) SCC 385, which prescribed the following Event Schedule at Para 41:
Event Schedule
Conduct of entrance In the month of May
examination (AIEEE/State
CET/Management quota
exams, etc.)
7
Declaration of result of On or before 5th June
qualifying examination (12th
exam or similar) and
entrance examination
1st round of To be completed on or before
counselling/admission for 30th June
allotment of seats
2nd round of counselling for To be completed on or before
allotment of seats 10th July
Last round of counselling for To be completed on or before
allotment of seats 20th July
Last date for admitting 30th July
candidates in seats other However, any number of
than allotted above rounds for counselling could
be conducted depending on
local requirements, but all
the rounds shall be
completed before 30th July
Commencement of academic 1st August
session
Last date up to which 15th August
students can be admitted
against vacancies arising
due to any reason (no
student should be
admitted in any
institution after the last
date under any quota)
Last date of granting or 10th April
refusing approval by AICTE
Last date of granting or 15th May
refusing approval by
University/State
Government
In the above circumstances, this Writ Petition fails. Interim order granted, if any, stands dissolved.
No costs.
Sd/-
JUDGE Snb/