GADGIL, J. :- These nine writ peti­tions can be conveniently decided by a common judgment as in each of them a challenge is made to the validity and correctness of the admissions and the Rules for the admissions for the 4 year B. Tech (Chemical Engineering) Exami­nation Course (hereinafter referred to as the Degree Course) of the Laxminarayan Institute of Technology, Nagpur (hereinafter referred to as the L.I.T.). This L.I.T. is being run by the University of Nagpur.

2. There is no dispute that the mini­mum qualification for the admission of the degree course is 12th standard higher secondary school certificate or first year B. Sc. or its equivalent. The applicant has to pass in physics, chemi­stry and mathematics with 50% marks. In addition, he has also to pass in language examination. The L.I.T. admits students to the degree course every year. For the year 1979-80 the L.I.T. issued prospectus for all the courses that are run by the Institute including the degree course in question. In the prospectus it was stated that there would be 60 seats for the degree course and the allocation of those seats would be as follows:

18 seats As per allocation of Gov­ernment of India.

3 - Jammu and Kashmir

8 - 1 seat for each of the States namely, Rajasthan, Assam, Orissa Karnataka, Bihar, Gujarat, Kerala and Nagaland.

7 - Unreserved.

18

14 - Seats For old Madhya Pradesh.

28 - Seats For Maharashtra including Vidarbha

60

Candidates were required to submit their applications not later than 1-7-1979. However, the time was ultimately extended to 20-7-1979. In order to un­derstand the rival contentions of the parties, we would initially state the averments made in Writ Petition No.2706 of 1979 and the returns of the res­pective respondents in that petition. If necessary, we would also narrate in brief the contentions raised in the other writ petitions.

3. Prasanna, the petitioner in Writ petition No.2706/79 has passed the qua­lifying examination with 215 marks in the three concerned subjects namely, physics, chemistry and mathematics. The percentage of these marks is 71.66 per cent. He filed an application for admission to the degree course with the L.I.T. The Selection Committee pre­pared the select list in two instalments. Firstly, it was published in the middle of August 1979 and chance calls were also sent to those candidates who had secured up to 80% marks. Prasanna did not receive any such chance call, as his percentage was 71-66. The L.I.T. increased the number of admissions from 60 to about 121. A news item appeared in the Nagpur Times dated 5-9-1979 that the last date for admission to the degree course would be 6-9-1979. Prasanna attended the Office of L.I.T. on 6-9-1979. Similarly, the petitioners in Writ Petitions Nos.2714/79, 2715/79, 2905/79 and 2906/79 were also present while the petitioners in Writ Petition Nos.2716/79, 2730/79 and 2854/79 were not present. The grievance of the peti­tioner Prasanna is that he has been improperly refused admission though he has secured better percentage of marks as compared to some of the stu­dents who have been admitted. For example, respondent No.3 in Writ Peti­tion No.2706/79 was admitted though his marks in the science subjects were 212. Another grievance is that on 6-9-1979 a peculiarly irregular procedure was followed for admitting the students. What was done was that the L.I.T. took into account the merits of the students who were present in the office on 6-9-1979 and on the basis of that merit, the admissions were made. The contention of Prasanna is that this procedure is bad inasmuch as there was no publications that the process of admission will be completed by filling the vacancies or amongst those applicants who would be present on 6-9-1979. The applicants were kept in dark and as such the stu­dents having better merit than those admitted on 6-9-1979 could not attend the office. Prasanna has described this procedure of admission on 6-9-1979 as 'spot admission' and has stated that th