SUPREME COURT OF INDIA

Before:- Ashok Bhan and Dr. Ar. Lakshmanan, JJ.

Civil Appeal No. 2801 of 2005, Arising out of SLP (C) No. 3138 of 2003. D/d. 21.4.2005.

Punjab Agricultural University - Appellant

Versus

Mandip Singh and another - Respondents

Constitution of India, Article 226 - Universities - Admission - Reservation of seats - Sports quota - Pursuant to writ petition filed by respondent, High Court directed the petitioner to grant provisional admission to the respondent in the M.Tech course provided the sports quota seat for which he had applied was still vacant - Held, interim direction given by the High Court is made subject to the condition that "the writ petition is eligible for admission under the sports quota in terms of the rules.

[Paras 3 and 4]

ORDER

Ashok Bhan, J. - Leave granted.

2. The respondents are not present in spite of due service of notice. They are ordered to be proceeded ex parte.

3. The respondent filed CWP No. 13760 of 2002 in the High Court of Punjab and Haryana at Chandigarh. While admitting the writ petition, the High Court directed the petitioner (the respondent before the High Court) to grant provisional admission to the respondent in the M.Tech (Computer Science and Engineering) course provided the sports quota seat for which he had applied was still vacant.

4. Aggrieved against the said direction given by the High Court, the appellant?s appeal is before us. Notice was issued limited to the question as to why the order under challenge be not modified adding the proviso that "provided the writ petitioner is eligible for admission under the sports quota in terms of the rules". Notice issued is made absolute and the interim direction given by the High Court is made subject to the condition that "the writ petitioner is eligible for admission under the sports quota in terms of the rules".

5. The appeal is disposed of in the above terms.

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