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1997 DIGILAW 342 (HP)

UPSAM CHAUHAN v. STATE OF H. P.

1997-08-16

KAMLESH SHARMA, LOKESHWAR SINGH PANTA

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JUDGMENT Kamlesh Sharma, J.: We have heard learned counsel for the parties and gone through the record. Admittedly, the petitioner has appeared in Combined Pre-Entrance Test (CPET) held by Himachal Pradesh University on 9.6.1996 for the purpose of admission to Regional Engineering College, Hamirpur and other Regions! Engineering Colleges, for which Regional Engineering College, Hamirpur is the processing institute. He had received his result/mark sheet on 9.7.1996 (Annexure P-3) securing 177 marks out of 300 marks. On the next day i.e. 10.7.1996 he went to Regional Engineering College, Hamirpur for seeking admission in B. Tee/B. E. Degree Course, but he was told by the authorities of the College that last date for receiving application was 8.7.1996, as such, he could not be considered forgiving admission, merely I on the basis of his result in CPET. Hence, he has filed the present writ petition. 2. In reply, which is supported by an affidavit of Shri Rajesh Kumar Lath, Registrar, Regional Engineering College, Hamirpur, it is denied that the petitioner ever contacted any authority of the College on 10.7.1996 for seeking admission. However, it is explained that the College by advertisements, which appeared in the newspapers, namely, the Punjab Keshri on 4.5.1996, The Tribune on 6.5.1996, Hindustan Times on 27.5.1996, Indian Express in the same week and Giriraj on 29.5.1996, - had - invited applications, which were to reach the Principal of the College on or before the last date 8.7.1996 (5.00 PM) irrespective of completion of CPET, 1996 being conducted by the H.P. University, Shimla and result declaration thereof. The advertisements arc annexed as Annexure R-l to R-4. 3. The perusal of these advertisements clearly shows that there was clear stipulation that "The candidates who are appearing in Common Pre-Entrance Test (CPET) and intending to seek admission in Regional Engineering College, Hamirpur (HP) and against the seats in other Regional Engineering Colleges for which Regional Engineering College, Hamirpur (HP) is the processing institution, must apply to the Principal, Regional Engineering College, Hamirpur (HP). The applications complete in all respects must reach the office of the Principal, REC, Hamirpur (HP) on or before the last date 8.7.1996 (5.00 PM) irrespective of completion of CPET (Common Pre-Entrance Test) 1996 being conducted by Himachal Pradesh University, Shimla and results declaration thereof." Further, in respect of obtaining the prospectus and application form, the clear stipulation was:- "The admission prospectus giving detailed information about qualifications, number of seats, disciplines of study, fees, etc. together with application form can be had by sending a crossed Bank Draft/Postal Orders for Rs.60A drawn in favour of the Deputy Registrar (Accounts), REC, Ham irpur (HP)-177 005, payable at any Bank/GPO Hamirpur or by paying Rs.50 A in cash at the counter of Regional Engineering College Campus, Anu, Hamirpur and Himachal Pradesh Secretariat (Technical Education Branch), Shimla, on all working days during office hours after 31.05.1996. Cheques, Money Orders/ Postal Stamps will not be accepted. The last date for supply of prospectus by post is 22.06.96. Applications received late or found incomplete shall not be considered and the candidates should note that the college will neither make any allowance for postal delays nor for any irregularities in submitting the application. (Emphasis supplied). We have also perused the application form on the top of which it is stated in bold letters that "LAST DATE FOR RECEIPT OF APPLICATIONS (8.7.96) (5.00 P.M.). Therefore, in the advertisements as well as the prospectus and the application form it was made clear by the Regional Engineering College, Hamirpur that the application received late or found incomplete, shall not be considered and no allowance for postal delays or for any irregularity in submitting the applications would be given by the College. 4. The case of the petitioner is that being resident of remote area of District Kangra, he did not come to know the advertisements appearing in the newspapers and remained under impression that the application for admission was required to be submitted to the Regional Engineering College, Hamirpur after declaration of the result of CPET, 1996, but this cannot be accepted. There are remote areas in other districts of Himachal Pradesh also where from number of candidates have submitted their application before the last date fixed by the Regional Engineering College, Hamirpur, as stated on behalf of the College in its reply. There are remote areas in other districts of Himachal Pradesh also where from number of candidates have submitted their application before the last date fixed by the Regional Engineering College, Hamirpur, as stated on behalf of the College in its reply. If the contention of the petitioner is accepted, the very purpose of inviting applications upto a particular date will be defeated and it will not be possible for the Regional Engineering College, Hamirpur to finalise the admissions. Moreover, it is not believable that the petitioner who had appeared in CPET, 1996 did not know that he was to apply separately for seeking admission after obtaining application form and prospectus from the Regional Engineering College, Hamirpur. Under Clause 15(b) of the brochure of CPET, 1996 issued by the H.P.Uni-versity, the candidates appearing in the test were duly informed that:- "15.(b) For admission to various Other Engineering Colleges Through Nomination By Himachal Pradesh Government: The candidates who are appearing in Combined Pre-Entrance Test (CPET) to be conducted by the Himachal Pradesh University, Shim la (HP) and intend to seek admission in various other Engineering Colleges through nomination by Himachal Pradesh Government should separately and necessarily apply to the Director Technical Education, Vocational and Industrial Training, Himachal Pradesh, Sundernagar -174401 also for State Government of Himachal Pradesh nominations against seats allotted by the Government of India after obtaining the application forms and Prospectus from the institutions located in H.P., as may be notified by the Director Technical Education, Vocational and Industrial Training, Himachal Pradesh, Sundernagar (H.P.) 174401 by the due date as may be notified by the Himachal Pradesh Government and submit the same to him at the appropriate time." 5. Therefore, if the petitioner did not care to make inquiry from the Regional Engineering College, Hamirpur, obtain the prospecutes and submit his application before the last date fixed by the College, he has to blame himself and no direction can be issued to the College to give him admission, despite his falling in the merit prepared by the Himachal Pradesh University. For taking this view we are guided by the judgment of the Supreme Court in Regional Engineering College v. Mehar Singh (Minor) & Anr., decided on 16.10.1992, wherein the view taken by the High Court to give relaxation in the requirement to send applications sufficiently in advance so as to ensure that they reach the Regional Engineering College within the proscribed time was upset. In that case the applicant had delivered his application to the Postal Authorities just three days before the last date for the receipt of the applications and his application had reached the Regional Engineering College late. The contention made on behalf of the Regional Engineering College weighed with the learned Judges of the Supreme Court that the view of the High Court was not only erroneous but would , as a precedent, indeed create immense difficulties in dealing with the similar situations in future, as in many conceivable situations, such as the claims of candidates that they did send the applications by post but there was default of delivery, the administration would be faced with interminable enquiries, holding up the finalisation of admissions, The learned Judges of the Supreme Court have observed that :- "...We find it difficult to uphold the view taken by the High Court particularly in view of the specific stipulation that candidates should ensure the delivery of their applications within time, whatever be the channels through which they choose to send their applications." 6. In the result, there is no merit in this writ petition and it is rejected. No costs.