LexHOME SECRETARY, U.T. OF CHANDIGARH AND ANR versus DARSHJIT SINGH GREWAL AND ORS.
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HOME SECRETARY, U.T. OF CHANDIGARH AND ANR.
A
v.
DARSHJIT SINGH GREWAL AND ORS.
JULY 21, 1993
[B.P. JEEVAN REDDY AND N. VENKATACHALA, JJ.]
B
Punjab University Calender:
Volume-I-Chapter VIII-D-Regulations 31.2 and 33.
Volume-III-Chapter XW-Sub-chapter(a)-Rules 1.1.3 and l.:C-Sub-
C
chapter(e)-Ru/es 1,2,5 and 6-And Sub-chapter(f)-Rule JO(d).
Guidelines governing migration to technical/professional colleges Is-
sued by Chandigarh Administration.
Punjab University-Faculty of Engineering-Gonstituent and affiliated D
colleges--Migration--Admission obtained in affiliated college in management
quota-Migration sought to constituent col/eg~bjection by Principal of
transferee college that migration was contrary to mies-Principal agreeing to
transfer subject to creation of additional seats-{]niversity Syndicate approv-
ing migration and creation of additional seats-Reiteration of objection by E
Principal of transferee college subsequent to Syndicate's approval-Legality
of-Held since migration was contrary to mies principal was neither bound
by earlier consent nor was he estopped from reiterating objections-Doctrine
of Promissory estoppe/ held inapplicable.
Punjab University Act, 1947: Section 20( 1)(5)
University Syndicatr-Executive Power of
Administrative Law: Promissory estoppef-Cannot be invoked to defeaJ
a provision of law.
Constitution of India, 1950 : Article 226. Writ Petition--lnterim order
passed by High Court-Order foreclosing the options at final hearing-Held
such orders should not be passed except in rare cases where non-passing
would cause irreparable injury.
F
G
Under the Rules and Regulations of the University and guidelines H
321
322
SUPREME COURT REPORTS [1993] SUPP. I S.C.R.
A issued by the Chandigarh Administration governing "migration of stu-
dents from one engineering college to another affdiated to Punjab Univer-
sity in the Faculty of Engineering," the relevant conditions of migration
were (i) Principals of both the Colleges should agree to it; (ii) there must
be a vacancy available in the relevant Faculty in the transferee college;· (iii)
B transfer shall be permitted only in third and fifth semesters; (iv) the
student being transferred should not have obtained in the Joint Entrance
Test less marks than the last student. admitted in that Faculty in the
transferee college; (v) transfer was permissible only on the ground of
security or medical grounds; and (vi) the student seeking transfer should
not have been admitted under any quota i.e., he should have been admitted
C on merit.
Respondents 1 to 4 obtained admission in Guru Nanak Dev En-
gineering College, affiliated to Punjab University under the Management
quota, whereas Respondent No. S got admission on the basis of his merit
D in the Bhatinda Engineering College, affiliated to the Punjabi University.
All of them applied for transfer to Chandigarh Engineering College, a
constituent college of Puniab University, on the ground of security. When
the matter first came up before the Principal, Chandigarh Engineering
College he did not agree to their transfer on the grounds that (i) there
were no vacancies in his college and (ii) that the marks obtained by the
E applicants were less than the marks obtained by the last candidate ad-
mitted in his college in the relevant Faculty. However; subsequently, he
agreed to the transfer stating that such transfers would involve creation
of additional seats. Though the Syndicate of the Punjab University and the
Chandigarh Administration approved the transfer and sanctioned the
F additional seats, yet the Principal of the Chandigarh College again raised
objections that (i) the migration was contrary to the rules and regulations
of the Punjab University an cf 'the. i>oiicy guidelines of the Administration
and (ii) the additional seats could be sanctioned only by the Government
of India in consultation with All India Council for Technical Education
Council.
G
If the respondents filed writ petitions in the High Court and pur-
suant to an interim order passed by the High Court, Respondents 1 to 4
were admitted in the Chandigarh Engineering College. The High Court
allowed the writ petitions holding inter a/ia that the Principal of Chan-
H digarh Engineering College, having once given his consent for transfer of·
HOME SECRETARY, CHANDIGARH v. D.S. GREWAL
323
Respondents, was not justified in resisting the transfers after they were A
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