Dr. B.R. Ambedkar, National Institute Of Technology & ANR v. Sandeep Kumar & ANR

CM-5232-LPA-2016, CM-1362-LPA-2017 in/and LPA-2512-2016 (O&M) -1HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CM-5232-LPA-2016, CM-1362-LPA-2017 in/and LPA-2512-2016 (O&M) Date of Decision: September 18, 2017 Dr.B.R.Ambedkar, National Intitute of Technology, Jalandhar and another .....Appellants

Versus

Sandeep Kumar and another ......Respondents CORAM: HON'BLE MR.JUSTICE SURYA KANT HON'BLE MR. JUSTICE SUDHIR MITTAL 1.

To be referred to the Reporters or not?

Yes/No 2.

Whether the judgment should be reported in the Digest? Yes/No.

3.

Whether Reporters of local papers may be allowed to see the judgment? Yes/No .......

Present:

Mr.Chetan Mittal, Sr.Advocate with Mr.Vivek Singla, Advocate for the appellants.

Mr.Sandeep Arora, Advocate for respondent No.1.

........

SURYA KANT, J.

This Letters Patent Appeal is directed against the interim order dated 09.12.2016 whereby learned Single Judge declined to vacate the ad interim order dated 23.09.2016 vide which the private respondents were directed to be granted provisional admission in Ph.D (Mechanical Engineering).

[2] We have heard learned counsel for the parties at a considerable length and gone through the record. The question which arises for consideration in the writ petition is whether out of eight scholar seats Meenu 2017.09.20 15:26 I attest to the accuracy and authenticity of this document chandigarh available in Mechanical Engineering in the appellant-Institute, at least 1 or 2

CM-5232-LPA-2016, CM-1362-LPA-2017 in/and LPA-2512-2016 (O&M) -2seats ought to have been filled from amongst the scheduled castes candidates for whom there is 15% reservation. It is a matter of record that 5 candidates from 'General Category' and 2 from 'OBC Category' have been admitted in Mechanical Engineering but no candidate of Scheduled Castes category was recommended by the Admission Committee. In this view of the fact situation we are not inclined to interfere with the interim order passed by the learned Single Judge. However, the controversy deserves to be set at rest. Hence, the appeal is disposed of with a direction to the Registry to list CWP No.17847 of 2016 for final hearing on 23.10.2017. ( SURYA KANT ) JUDGE September 18, 2017 ( SUDHIR MITTAL ) meenuss JUDGE 1.

Whether speaking/reasoned ?

Yes/No 2.

Whether reportable ?

Yes/No Meenu 2017.09.20 15:26 I attest to the accuracy and authenticity of this document chandigarh