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2005 Supreme(HP) 301
High Court Of Himachal Pradesh
ARUN KUMAR GOEL,DEEPAK GUPTA
AKASH BHAWRA - Appellant
Versus
SECRETARY, TECHNICAL EDUCATION - Respondent
C.W.P. No. 349 of 2005
Decided On : 09/06/2005
Mr. Praneet Gupta, Advocate, for the Petitioner; Mr. M.S. Chandel, Advocate General with Mr. D.C. Pathik, Additional Advocate General, for the Respondent Nos. 1 and 2; Mr. V.D. Khidta, Advocate, for the Respondent No. 3; Mr. Virender Verma, Advocate, for the Respondents No. 4 and 5.
The main legal principle established is the application of equitable estoppel, where the respondents were estopped from challenging the petitioner's admission due to their negligence and the petitioner's lack of fault.
Headnote:
Eligibility - Engineering Admission - 10+2 Examination - Constitution of India - Section 226 - Council for the Indian School Certificate Examination - All India Engineering/Pharmacy/Architecture Entrance Examination - University Admission - Equitable Estoppel
Fact of the Case:
The petitioner, a 19-year-old boy, passed 10+2 examination but failed in Physics. He sought admission to an engineering college and was admitted despite being ineligible. The university, admitting authority, and college did not inform him of his ineligibility. After two years of study, the university sought to cancel his admission.
Finding of the Court:
The court found that the petitioner was admitted despite being ineligible, but he was not at fault. The university, admitting authority, and college were negligent in not informing him of his ineligibility. The court held that the respondents were estopped from challenging his admission and directed the petitioner to continue his studies in the engineering course.
Issues: The main issue was the petitioner's eligibility for admission to the engineering course despite failing in Physics. The court also considered the negligence of the university, admitting authority, and college in not informing the petitioner of his ineligibility.
Ratio Decidendi: The court applied the principle of equitable estoppel, holding that the respondents were estopped from challenging the petitioner's admission due to their negligence. The court emphasized that the petitioner was not at fault and had already spent two years pursuing his education.
Final Decision: The court directed the respondents to permit the petitioner to continue studying in the engineering course, register his name, issue requisite certificates, and declare his results for the previous three semesters. The petitioner was also awarded costs for mental harassment and pursuing the writ petition.
Deepak Gupta, J.—The petitioner, who is a young boy aged 19 years, has been put into an unusual predicament for no fault of his and has come to this Court seeking relief under Section 226 of the Constitution of India by way of this writ petition.
2. Petitioner Akash Bhawra appeared in 10+2 examination conducted by the Council for the Indian School Certificate Examination. As per the Rules of this Council, a pass certificate is granted to a candidate who obtains the pass standard (40% in each subject) or in four or more subjects which must include the subject of English. The petitioner was declared pass in the said examination. He passed the subjects of English, Mathematics, Chemistry and Physical Education. In the subject of Physics he was declared fail as he had only 31 marks. Since the petitioner had passed in four subjects on the overall basis, he was declared to have passed as per Annexure P-1 issued in the year 2003.
3. The petitioner wanted to pursue studies in the field of engineering. He submitted an application alongwith requisite fee before 1.2.2003 for appearing in the All India Engineering/Pharmacy/Architecture Entrance Examination conducted by the Central Board of Secondary Education. At that time the petitioner had not appeared for his 10+2 examination. In the prospectus the compulsory subjects for BE/B. Tech. course are Physics and Mathematics. The candidate should have also passed in one of the optional subjects, being Chemistry, Biotechnology, Biology or Computer Science. The petitioner appeared in the Entrance Test and obtained 118886 rank on All India basis and 883 rank on State basis.
4. After the receipt of his result from the Council for the Indian School Certificate Examination, the petitioner wrote a letter dated 9.7.2003 (Annexure P-4) to the Deputy Registrar (Academic), H.P. University, Shimla. The relevant portion of the said letter reads as follows : "I have passed 10+2 class from ICSE IN 2003. Certificate attached Roll No.B/8717/026. I want to take admission in Electronic Engineering in Green Hills Engineering College Kumarhatti. Kindly let me know if I am eligible for admission because the Board has declared me pass though I am failing in the subject of Physics."
5. The University instead of answering the letter of the petitioner in clear-cut terms, vide letter dated 5.8.2003 (Annexure P- 5), informed the petitioner as follows: "With reference to your letter dated 9.7.2003 on the subject cited above, I am directed to inform you that the admission is/are to be made by the concerned colleges. You are, therefore, directed to contact the Principal of the college concerned for any information/clarification related to admission in these colleges."
6. The Department of Technical Education, Vocational & Industrial Training, Himachal Pradesh issued a Prospectus-cum-Information Brochure for admission to 1st year of Engineering and other Courses in private Engineering Colleges of Himachal Pradesh. Respondent No. 4 - M/s. Green Hills Engineering College, Gandhigram, Kumarhatti, is one of such colleges in Himachal Pradesh. As per the prospectus the first round of counseling was to be conducted on 22.7.2003 in the Directorate of Technical Education, Sundernagar, District Mandi, the second round of counseling for all categories was to be done on 23.7.2003 and the last round of counseling was to be done on 8.8.2003. The candidates were to bring all their original certificates at the time of counseling. The petitioner appeared before the Selection Committee for counseling and was selected for the course of Mechanical Engineering in respondent No. 4 - College.
7. The petitioner thereafter approached respondent No. 4 - College and, according to him, he was informed that the seats in Mechanical Engineer stood filled up and he was offered a seat in Computer Science and Engineering. He deposited Rs.10,500/- on 11.8.2003 and another sum of Rs. 24,000/- thereafter.
8. The petitioner was allotted Roll No.20135 for the 1
