A candidate who had qualified the entrance test cannot be excluded from consideration for admission only because the application form is received late.

Jawahar Lal Gupta, J.

1. The petitioner prays for the issue of a writ of mandamus directing the respondents to consider his case for admission to the B.Tech. (Textile Technology) course as candidates below him including respondent No.3 have already been admitted to the said course. A few facts may be noticed.

2. A combined entrance test for admission to the various Engineering Colleges in the State of Haryana was held on June 4, 1995. The petitioner who claims to be a member of the Backward Classes appeared in that test and qualified it. He was placed at No.3602 in the order of merit.

3. The candidates who had qualified the entrance test were required to submit fresh application for admission to the Engineering Course. These applications had to reach the Chairman of the Admission Committee on or before September 8, 1995. The petitioner sent his application form by speed post from the post office at Bhiwani in the State of Haryana on September 2, 1995. In the normal course of events, it should have reached the addressee on or before the last date fixed for the receipt of applications. The Chairman had to send letters of interview to the various applicants. However, a notice was published in the Times of India giving the schedule for admission. The candidates from No3201 to 4000 had to be interviewed on September 25, 1995, Various other categories of candidates were to be interviewed thereafter. It was further stipulated that the applicants who did not receive the interview letters may present themselves along with original documents and fee in accordance with the prescribed schedule of dates. Accordingly, the petitioner reported for interview on September 25, 1995. He was informed that the application form having not been received by the last date viz. September 8, 1995, his candidature shall not be considered. The representation etc. submitted by the petitioner having borne no fruitful results, he has approached this Court through the present writ petition on October 5,1995.

4. The came came up for hearing before the Bench on October 9, 1995. The Bench directed the issue of notice of motion for November 6, 1995. It was further directed that "one seat in the B.E. degree course be kept vacant if admissions are not yet finalised."

5. The respondents were served with the notice. On behalf of respondent Nos. 1 and 2 viz. the Regional Engineering College, Kurukshetra and the Chairman of the Admission Committee, a written statement was filed. In this, it was inter-alia mentioned that "the petition is liable to be dismissed as the admissions to the Backward Class category had been completed on September 27, 1995. However, the directions of this Court dated October 9, 1995 were received in the College on 14.10.1995, by then all the seats have been filled up and no seat in this category is lying vacant." On merits, it was not denied that persons who were below the petitioner in order of merit had been admitted. However, it was only stated that the application having not been received by the last date, the petitioner had no right to be considered for admission. Reliance was also placed on a stipulation in the prospectus wherein it was provided that the "applications received late due to post/courier delays or otherwise will not be considered". The specific averment in the writ petition that the petitioner had despatched the application form by speed post on September 2, 1995 and the copy of the postal receipt was at Annexure P.l, was controverted "for want of knowledge".

6. The petitioner had also impleaded one Mr. Shallendra Yadav who was at Serial No.3721 in the order of merit as respondent No.3. The allegation made in the writ petition was that the said respondent had been admitted against a seat reserved for members of Backward Classes by ignoring the petitioners claim, A separate written statement has been filed by Mr. Yadav. The averments are broadly on the same lines as those in the written statement filed on behal