Judgment Permod Kohli, J. 1. Petitioners are aggrieved of notice dated 4.8.2009 issued by the Punjab Technical University, Jalandhar, published in The Tribune for conducting counselling for admission to 1st year of B. Tech/B. Pharma on the basis of inter se merit in the qualifying examination (10+2 or diploma in Engineering/Pharmacy). Vide the aforesaid notification the dates for holding counselling for General and Reserved categories have notified. These dates were however, postponed and a fresh notice has been issued on 9.8.2009 published in `Sunday Tribune, whereby the fresh dates of counselling for the same categories of candidates were notified from 11.8.2009 to 17.8.2009. 2. Petitioners in all these petitions are desirous of seeking admission in Engineering Courses. The State of Punjab issued notification for conducting Common Entrance Test-2009 (herein after referred to as CET-2009) for admission in Engineering Colleges/universities in the State of Punjab. The advertisement issued in various news papers and a prospectus containing mode, terms and conditions for the CET was also issued. The eligibility conditions for appearance in CET-2009 as notified was having passed 10+2 examination or appeared in the said examination in science stream with English, Physics, Chemistry and Mathematics. All the petitioners applied in the prescribed form and were allotted roll numbers. Consequently, they appeared in the CET-2009. The rank of the petitioners in CWP No. 12024 of 2009 is 1951, 9199, 4363 and 4206 respectively. General rank of petitioner in CWP No. 12023 of 2009 in the CET-2009 is 5294. In CWP No. 12025 general rank is 2997, whereas in CWP No. 12204 of 2009 the rank of the petitioner is 6017. Respondent No. 2 was appointed as the Agency/competent authority to conduct CET-2009 examination vide Punjab Govt. Notification dated 27.3.2009 (Annexure P-2) in respect of the Engineering and Architecture Degree Courses and in respect of B. Pharmacy Degree Course for the institutions/colleges located in the State of Punjab for the academic session 2009-10. As per the prospectus issued by the respondent-university the CET was to be conducted for admission to various institutions affiliated with respondents Punjab Technical University, Jalandhar, Guru Nanak Dev University, Amritsar, Punjabi University, Patiala and Punjab Agricultural University, Ludhiana. The eligibility criterion is prescribed in part B of the prospectus for CET- 2009. As per the prospectus issued by the respondent-university the CET was to be conducted for admission to various institutions affiliated with respondents Punjab Technical University, Jalandhar, Guru Nanak Dev University, Amritsar, Punjabi University, Patiala and Punjab Agricultural University, Ludhiana. The eligibility criterion is prescribed in part B of the prospectus for CET- 2009. It is provided that for admission to Engineering/Architecture Course 85% seats shall be opened to the candidates from within the State and 15% to candidates from outside the State. For admission to degree level Engineering/Technology Courses, certain general conditions have been prescribed. The conditions relevant for the purposes of these petitions are reproduced hereunder : "General Conditions : (iv) Appearing in CET-2009 shall be compulsory for students claiming seats under 85% quota reserved for Punjab residents. Students claiming seats under 15% quota reserved for outside Punjab candidates are required to take up AIEEE, they are exempted from CET-2009. If a candidate is not able to produce his residency, he/she shall be considered for 15% category. (v) Admissions to the Engineering and Architecture courses, both for 85% seats for resident of Punjab and 15% seats for outsiders, shall be made strictly on the basis of CET-2009 and AIEEE 2009 respectively and in case seats not being filled under respective categories eligibility may be considered on any of the two entrance examinations. If the candidates from entrance examination i.e. CET/AIEEE are not available, the admission can take place on the inter se merit in qualifying examination. (vi) Counselling for 85% seats for Punjab residents shall be taken up first followed by counselling for 15 % seats for outside Punjab candidates. Counselling for 85% General Category will be held first followed by counselling for reserved category. 3. Counselling for 15% seats for general category will be held first followed by counselling for reserve category. For 15% category, seats remaining vacant in 85% quota will be transferred to 15% quota in the respective category, as applicable. Seats still remaining in unfilled under respective reserve categories and general category even after the end of counselling shall be transferred to management quota seats under the respective reserve categories and general category. 4. The college/university will make a public notice to this effect indicating clearly the No. of seats vacant in each reserve category and general category and fill the seats in that very particular category only. 4. The college/university will make a public notice to this effect indicating clearly the No. of seats vacant in each reserve category and general category and fill the seats in that very particular category only. After exhausting the above said procedure, if still the seats remain vacant in reserve category the college/university can fill it from Candidates belonging to general category. Admission to such unfilled/vacant seats as well as management quota shall be furnished and finalized within 15 days of the last date of counselling. No extension shall be permissible under any circumstances. (xvi) Non refundable counselling fee of Rs. 2500/- (Rupees Two Thousand & Five Hundred only) will be collected by the University as counselling fee from each student every time the candidate appears for counselling, in case of candidates of Management quota no counselling fee will be charged." From clause (iv), referred to above, it is evident that appearance in CET-2009 is compulsory for students claiming seats under 85% quota and appearance in AIEEE is compulsory for those students who claim seats if, the candidates from entrance examination i.e. CET/AIEEE are not available the admission can be made on the basis of inter se merit in qualifying examination. Clause (vi) further lays down that the counselling Courses both for 85% and 15% seats shall be made strictly on t basis of the CET-2009 and AIEEE-2009 respectively. It is further prescribed that Under 15% quota i.e. reserved for outside Punjab candidates. Clause (v) further provides that the admission to the Engineering and Architecture to fill up 85% seats for Punjab residents shall be taken up first followed by counselling for 15% seats for outside the Punjab candidates and similarly the counselling for General Category will be held first followed by counselling for reserved categories. It is further provided that the seats still remaining unfilled under respective categories (general and reserved) after the end of counselling shall be transferred to management quota seats under the respective categories. There is another condition in the same clause, which requires the college/university to make a public notice indicating clearly the number of seats vacant in each category i.e. reserved and general after the counselling and if seats remain vacant in reserved category, the same can be filled up from general category. There is another condition in the same clause, which requires the college/university to make a public notice indicating clearly the number of seats vacant in each category i.e. reserved and general after the counselling and if seats remain vacant in reserved category, the same can be filled up from general category. Clause (ix) of the prospectus deals with the seats falling vacant after counselling or any drop out vacancy and provide for filling up of such seats under the management quota adopting the criteria of admission. In terms of clause (xvi) referred to above a candidate is required to pay a non refundable counselling fee of Rs. 2500/- for appearance in each counselling. 5. The respondent No.1 university notified the 15th counselling schedule vide its notice published on 7.6.2009. The 1st round of online counselling for admission to B. Tech/B. Pharmacy for colleges affiliated in the State for 85% and 15% seats was to be held between 13.7.2009 and second round of counselling for 85% seats was be held between 3.7.2009 to 13.7.2009 and second round of against 15% quota was to be scheduled between 4.8.2009 to 5.8.2009 to relevant to note that this counselling was fixed for candidates who had appeared in CET-2009/AIEEE-2009 and was in respect to all the institutions/colleges located in the State of Punjab and affiliated to Punjab Technical University; Jalandhar, Guru Nanak Dev University, Amritsar, Punjab Agricultural University, Ludhiana and Punjabi University, Patiala. Though, the notification was issued only by the P.T.U., Jalandhar as a Nodal Agency. This notice was followed by another notice dated 9.7.2009, whereby besides notifying the second round of online counselling, direct counselling was also notified for B.Tech/B.Architecture and B.Pharmacy. So far as the online counselling for 85% seats is concerned, it was to be held between 17.7.2009 to 19.7.2009 and against 15% quota between 29.7.2009 to 31.7.2009 and direct counselling was to be held for various categories between 10.7.2009 to 13.7.2009 for candidates who appeared in CET/AIEEE-2009. It was also notified that the direct counselling will also be held on 6.8.2009 for the students on the basis of 10+2 examination, B. Tech/B. Pharmacy from 9.00 A.M onwards. 6. It was also notified that the direct counselling will also be held on 6.8.2009 for the students on the basis of 10+2 examination, B. Tech/B. Pharmacy from 9.00 A.M onwards. 6. The aforesaid notification was followed by another notice dated 4.8.2009 published in Dainik Bhaskar in its issue dated 4.8.2009, whereby it has been notified that counselling for admission to the courses in question will be on the basis of inter se merit in the qualifying examination (10+2 examination or diploma in Engineering/Pharmacy) between 6.8.2009 to in the 8.8.2009 in the manner indicated therein. 7. The petitioners, who appeared in CET-2009 are seeking the quashment of the aforesaid notice and a restrained order not to hold counselling on the basis of 10+2 examination or diploma in Engineering/Pharmacy unless the students like petitioners, who appeared in CET-2009/AIEEE are permitted to seek admission. It is contained that petitioners have not been provided chance after the second counselling and without affording them the opportunity the available vacancies are being filled up on the basis of 10+2 examination or diploma in Engineering and Pharmacy i.e. the qualifying examination in contravention to the prospectus, the advertisement notice as also in violation of the preferential rights of the petitioners. Vide various interim orders passed by this Court, petitioners were permitted to participate in the counselling provisionally and the, respondents were directed not to declare the result till further orders. 8. As consequence of the aforesaid orders, passed by this Court separately in these writ petitions the petitioners have been permitted to participate in the counselling. Mr. Amrit Paul, learned counsel appearing for the respondents has stated that even seats/vacancies are also reserved for the petitioners on the basis of their counselling. 9. Respondent-university has filed its reply. It is sought to be projected that the candidates who had appeared in CET/AIEEE-2009 have been provided opportunity in two rounds of counselling and only thereafter the candidates on the basis of the qualifying examination have been notified for counselling. The respondents have referred to the notification dated 9.7.2009, wherein the schedule for second online counselling has been notified and also the direct counselling for various reserved categories and the candidates, who have not appeared in the CET/AIEE-2009 w.e.f 6.8.2009. It is argued by Mr. The respondents have referred to the notification dated 9.7.2009, wherein the schedule for second online counselling has been notified and also the direct counselling for various reserved categories and the candidates, who have not appeared in the CET/AIEE-2009 w.e.f 6.8.2009. It is argued by Mr. Paul on behalf of the respondent university that the aforesaid notice is sufficient indication that no candidate, who has appeared in the CET/AIEEE has come forward for counselling and thus the available vacancies are being filled up by providing the opportunity to the candidates on the basis of the qualifying examination in terms of clause (v) of the general conditions of Govt. Notification dated 27.3 2009, which permit the admissions on the basis of inter se merit in the qualifying examination if the seats from entrance examination i.e. CET/AIEEE are not available. 10. It is contended that after the notification of 9.7.2009, the notification dated 4.8.2009 has been issued for holding counselling on the basis of the qualifying examination, which has been impugned in the present writ petition. Mr. Paul has also referred to the Press Note dated 3.8.2009 (Annexure R-2/3) issued in this regard. 11. The short grievance of the petitioners is that under the prospectus the first preference has been given to the candidates, who have appeared in CET-2009 and AIEEE-2009 and it is only when no candidate, who has appeared in CET/AIEEE-2009 is the available; unfilled vacancies can be filled up on the basis of the qualifying examination. It is argued on behalf of the petitioners that after the 1st counselling the respondent university did not notify the vacancies and the courses nor even it was communicated by any public notice that no counselling for CET/AIEEE candidates will be permitted after the second counselling and without providing opportunity to the petitioners, who have appeared in CET-2009 the seats are being filled up in a clandestine manner from the candidates, who did not appear in CET/AIEEE-2009. The petitioners have also referred to the press note, issued by respondent No. 1-university, wherein it is mentioned that the counselling to be held on 6.8.2009 to 8.8.2009 on the basis of the qualifying examination has been postponed keeping in view the interests of candidates and due to the fact that colleges had created mess regarding information of the seat allotment. It is thus argued that the petitioners had absolutely no information about the availability of the courses and seats after the second counselling as it was never notified. This position is admitted by Mr. Paul, appearing on behalf of respondent university that after the second counselling the availability of the seats/courses was never notified. It is also admitted position that after the second counselling or even prior to that the university never notified that there will be no opportunity for further counselling after the two rounds of the counselling for the candidates, who have appeared in CET/AIEEE-2009. In the first notice dated 7.6.2009 online counselling for first and second rounds from 9.7.2009 to 13.7.2009 (first round) and from 23.7.2009 to 25.7.2009 (second round) against 85% quota and from 4.8.2009 to 5.8.2009 (second round) against 15% quota has been notified. There is no stipulation or condition that there will be no counselling thereafter. Even after the aforesaid counselling was completed when second notice dated 9.7.2009 was issued, notifying online counselling and direct Counselling, the number of unfilled vacancies and the available courses has not been notified. In the second notice itself the counselling has been ordered on the basis of 10+2 and other qualifying examinations and a schedule has been fixed vide the impugned notice dated 4.8.2009. At no stage it was revealed that there are unfilled vacancies in any of the institutions nor the candidates, who have appeared in CET/AIEEE-2009 were given the last chance or communicated that there will be no counselling for them after the second counselling. Clause (iv) of the prospectus clearly provides for admission on the basis of CET-2009 and AIEEE only. Though, under clause (v) the admission on the basis of qualifying examination is permitted subject to the conditions that no candidate, who has appeared in CET/AIEEE is available. Since neither the vacancies/courses were even notified after the second counselling nor a general or public notice was issued to enable the CET/AIEEE candidates to seek counselling against the available vacancies, it cannot be said that no candidate is available particularly when it is a known fact that a large number of candidates appear in CET/AIEEE. Since neither the vacancies/courses were even notified after the second counselling nor a general or public notice was issued to enable the CET/AIEEE candidates to seek counselling against the available vacancies, it cannot be said that no candidate is available particularly when it is a known fact that a large number of candidates appear in CET/AIEEE. In view of the above circumstances, the petitioners have been denied the opportunity of seeking their consideration for admission against the available vacancies even though they have a preferential right being CET/AIEEE examinees as against the candidates, who are being admitted on the basis of qualifying examination. The respondents have violated the prospectus with impunity and may be for consideration other than merit as these vacancies are to be filled up under the management quota. 12. There is no another important aspect. In the first notice the counselling was notified for all the institutions it the State of Punjab, affiliated to Punjab Technical University, Jalandhar, Guru Nanak Dev University, Amritsar, Punjabi University, Patiala and Punjab Agricultural University, Ludhiana. However, the impugned notification is for counselling only for Punjab Technical University, Jalandhar affiliated colleges. Nothing is mentioned as to how the counselling for the colleges/institutions affiliated to other three universities will be conducted. How the seats in colleges affiliated to other universities will be fulled is not known. This amounts to misrepresentation on the part of the Punjab Technical University, Jalandhar and the eligible interested candidates have been deprived from seeking admission through counselling colleges/institutions affiliated to other universities. Action of respondent in contravention of the mandate of Article 14 of Constitution of India. In view of the above circumstances, the impugned notification dated 4.8.2009 and the action of respondents to hold counselling on the basis of qualifying examination (10+2 examination or diploma in Engineering/Pharmacy) without first exhausting the list of desirable/interested candidates from the CET/AIEEE examinees is hereby quashed. Respondents are directed to issue a public notice, notifying the number of unfilled vacancies/courses in all the institutions, located in the State of Punjab and affiliated to the concerned universities forthwith and give first preference to such of the candidates who have appeared in CET/AIEEE-2009 for seeking consideration for admission against 85% and 15% quota by fixing a cut off date. If, after granting admission to CET/AIEEE appeared candidates, any seat(s) remain unfilled, the admission may be made on the basis of the qualifying examination. If, after granting admission to CET/AIEEE appeared candidates, any seat(s) remain unfilled, the admission may be made on the basis of the qualifying examination. Order accordingly.