The incongruous portions of the Information Brochure incorporated by asterisk (*) underneath the table at page 22 in Section B as well as underneath the table at page 27 in Section C, are illegal, unconstitutional, arbitrary, and violative of Article 14 of the Constitution.

M.M.Kumar, J.

1. This petition filed under Article 226 of the Constitution challenges an alleged incongruous part of the stipulations of Section: B of the Joint Admission Brochure issued for Admission to various courses including the First Semester of B.E. Course for the academic session 2009-10 (P-1). The alleged incongruity clubs together 5% seats of the U.T. Pool Quota and All India Quota reserved for sons/daughters/spouses of Military/Paramilitary Personnel, relating to admission in PEC University of Technology, Chandigarh, The petitioners have also prayed for quashing of similar provision contained in Section C of the aforementioned brochure concerning admissions in the Chandigarh College of Engineering and Technology, Chandigarh (P-l). Still further a prayer has been made for directing the respondents to admit the students in accordance with the direction/clarification issued by the Chandigarh Administration vide its letter dated 15.7.2009, which clarifies that reservation of seats under the aforementioned category would be calculated separately for the U.T. Pool Quota and All India Quota.

2. The petitioners are wards of serving Army Personnel. They have passed their 10th, 11th and 12th examinations from the schools located in Union Territory of Chandigarh and also qualified the AIEEE-2009 Examination. For admissions to the First Semester of B.E. Course in various institutions including Punjab Engineering College University of Technology, Chandigarh (PEC), Chandigarh College of Engineering and Technology, Sector 26, Chandigarh (CCET) and Chandigarh College of Architecture, Sector 12, Chandigarh (CCA), a joint admission brochure for the session 2009-10 was issued laying down various admission procedures for admission to under Graduate Courses.

3. At page No.1 Sr. No.5 of the brochure, under the heading Important Points, it has been prescribed that the candidates who have passed their qualifying examination (10+2) from schools/colleges located in the Union Territory, Chandigarh and recognised by the Chandigarh Administration, would be considered under the Chandigarh Quota (for PEC/CCET/CCA only) and all other students, who have passed their qualifying examination from elsewhere, would fall under the All India Quota. It has further been mentioned that there would be no Chandigarh Quota for University Institute of neering and Technology (UIET) and University Institute of Chemical Engineering and Technology (UICET).

4. Under Clause 1.1 of the brochure, general eligibility conditions were mentioned. For B.E. Courses following two conditions were prescribed:-

"The admission to the First Semester B.E. Courses will be open to a candidate, who (i) has qualified in the AIEEE-2009, conducted by the C.B.S.E., for admission to these courses. (ii) has passed +2 or its equivalent examination with at least 60% marks in aggregate (55% marks in case of S.C/S.T./Physically Challenged), conducted by a recognized Board/University/Council in March/April 2009 and not earlier than March/ April 2006."

5. As per Clause 1.1.1 relating to Inter-se Merit for Admission, inter-se merit of the candidates for admission was to be determined on the basis of rank obtained in AIEEE-2009 only, except in the Sports Category and the categories of Code 8 to 26 given in Annexure-I attached to the brochure (P-1). It is pertinent to notice that Code 8 to 26 of Annexure-I refers to various sub-categories of wholly dependent.sons/daughters/spouses of military personnel and paramilitary personnel.

6. Section: B and Section: C of the brochure contains general information about seats and categories relating to PEC University of Technology, Chandigarh and Chandigarh College of Engineering and Technology, Chandigarh respectively. The total number of seats meant for PEC as given in Section: B is 385. Fifty percent of the said seats were required to be offered to candidates in the following manner:

"(a) Chandigarh Quota: for all those candidates who have pas