The main legal point established in the judgment is that despite merit, a candidate may be ineligible to participate in subsequent rounds of counselling after opting for a confirmed seat, in accordance with the rules laid down by the Information Bulletin and the Notification dated 27.07.2015.

SANJEEV SACHDEVA, J.

1. The petitioner seeks a mandamus to the respondent for allocation of institution of his preference (i.e. University School of Information and Communication and Technology in course of Information Technology (Dual)) as per merit.

2. It is contended that the petitioner applied for registration for admission in B.Tech/M.Tech Dual Degree on 26.02.2015. Based on the rank of the petitioner, the petitioner was allocated seat in Maharaja Agrasen Institute of Technology (Electronics and Communication Engineering) on 22.07.2015. It is contended that the said preference was the fifth preference of the petitioner. The petitioner deposited the fee and took admission.

3. Thereafter, it is contended that on 28.07.2015, the petitioner while checking the online seat status, came to know that a candidate lower in rank to the petitioner has been granted admission in the University School of Information and Communication and Technology, which, as per the petitioner, was his third preference.

4. The petitioner thereafter approached the respondent for allocation of the seat to the petitioner in the University School of Information and Communication and Technology because the candidates lower in rank had been granted admission. It is contended that since no action was taken by the respondents, the petitioner filed the present petition on 05.01.2016. The petitioner is presently studying in Maharaja Agrasen Institute of Technology.

5. The respondents have contended that the petitioner was granted admission on 24.07.2015, as per his rank and the petitioner took admission.

6. It is contended that after the three rounds of online counselling were over on 25.07.2015, the schedule for on-spot offline counselling was published on 27.07.2015.

7. It is contended that all the seats which were not taken in the initial rounds of counselling or which fell vacant, consequent to some candidates not taking admission or vacating the seats in the online counselling, were included in the on-spot offline counselling.

8. It is contended that in the Information Bulletin of the respondent – University as also in the Notification dated 27.07.2015 with regard to on-spot offline counselling, it is specifically clarified that only “not admitted” candidates would be eligible to participate in the spot counselling.

9. It is contended that since the petitioner had already taken admission in the online counselling, the petitioner was not eligible to participate in the on-spot offline counselling.

10. It is contended that in case the respondents permitted candidates to change their option, in subsequent rounds of counselling, after they had already taken admission in initial round, it would upset the entire counselling process and would set off a chain reaction leading to unending rounds of counselling.

11. Reliance is placed on the decision of this Court dated 17.10.2016 in W.P.(C) No.9507/2016 titled Priyanka Chaudhary & Others vs. National Board of Examinations.

12. It is an admitted position that petitioner has already taken admission in the online counselling in Maharaja Agrasen Institute of Technology.

13. Clause 11.12 of the Information Bulletin reads as under:-

“11.12 Spot Counselling

1. After Round 01 and round 02 of online counselling ‘Spot Counselling’ shall be done offline.

2. Any CET qualified candidates who have not taken admission in round 01 and round 02 of Online counselling will be eligible to participate in the spot counselling, against the available vacant seat.

3. The candidates who are allotted seat in round 01 and round 02 of online counselling and have paid the part Academic Fee of Rs. 40,000/- to confirm admission in any Institute/college will be treated as “admitted” at the time of Spot Counselling would not be eligible to participate in the Spot Counselling.

4. Any candidate, who was admitted in any round and subsequently withdrawn wi