Dev Gupta vs PEC University of Technology

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(SC) 701

S. RAVINDRA BHAT, ARAVIND KUMAR
Dev Gupta – Appellant
Versus
PEC University of Technology – Respondent

Advocates appeared:
For the Appellant(s) : Mr. P.S. Patwalia, Sr. Adv. Ms. Natasha Dalmia, AOR Ms. Anisha Jain, Adv. Mr. Shivam Pundhir, Adv.
For the Respondent(s): Mr. Sanchar Anand, Adv. Mr. Devendra Singh, AOR Mr. Anant K Vatsya, Adv. Mr. Aman Kumar Thakur, Adv. Mr. Arjun Rana, Adv. Ms. Sumbul Ausaf, Adv. Mr. Vatsal Joshi, Adv. Mr. Krishna Kant Dubey, Adv.

JUDGMENT :

S. RAVINDRA BHAT, J.

1. Special leave granted. This appeal challenges an order of the Punjab and Haryana High Court.¹ [Dated 14.07.2023 in CWP No. 14594 of 2023. The High Court rejected the appellant’s Writ Petition which had questioned the imposition of a minimum 75% aggregate marks as an eligibility condition (in the qualifying examination) for enabling a candidate to claim admission in engineering courses under the 2% sports quota. The appellant had contended that the sudden imposition of such an eligibility condition defeated the purpose of the quota itself and was consequently arbitrary. The High Court, however, rejected the petition requiring the authorities to consider an issue.

2. The Secretary Technical Education, Chandigarh Administration (hereafter “UTC”) by letter dated 07.01.2016 accorded approval to the respondent university (hereafter “the University”) to admit students through the Central Counselling System at the National level from 2016-2017 (hereafter referred to as “JOSSA”). The UT had consistently followed the process, and admission to institutions