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2017 Supreme(Pat) 267
IN THE HIGH COURT OF PATNA
Chakradhari Sharan Singh, J.
Bihar Private Technical and Professional Institutions Association (B.P.T.P.I.A.) and others - Petitioners
Versus
State of Bihar through the Principal Secretary, Department of Science and Technology and others - Respondents
Civil Writ Jurisdiction Case Nos. 605, 2247, 3457, 2064, 2367 of 2017
Decided On : 17-04-2017
Advocate Appeared:
For the Petitioners: Mr. Abhay Shankar Singh, Mr. Amit Kumar Mishra, Mr. Rajendra Pd. Singh, Mr. Mukesh Kumar Singh
For the Respondents:- Mr. Ajay
Admissions to technical and professional courses must be made through a Common Entrance Test held either by the State Agency or the Association of Private Institutions. Admissions based solely on marks in the qualifying examination are illegal.
Headnote:
Entrance Test - Admission to Technical and Professional Courses - T.M.A. Pai Foundation v. State of Karnataka, Modern School v. Union of India and Others, P. A. Inamdar and others v. State of Maharashtra and Others, Islamic Academy of Education and Another v. State of Karnataka and Others, Modern Dental College and Research Centre and Others v. State of Madhya Pradesh and Others - [B.Tech, Diploma Courses] - [T.M.A. Pai Foundation v. State of Karnataka, Modern School v. Union of India and Others, P. A. Inamdar and others v. State of Maharashtra and Others, Islamic Academy of Education and Another v. State of Karnataka and Others, Modern Dental College and Research Centre and Others v. State of Madhya Pradesh and Others] - The court discussed the legality of admitting students to B.Tech and Diploma courses based on marks obtained in the qualifying examination, in violation of the law laid down by the Supreme Court. The court emphasized the necessity of holding a Common Entrance Test, either by the State Agency or the Association of Private Institutions for admission to technical and professional courses. The court held that admissions based solely on marks in the qualifying examination were illegal and directed the private managements of the institutions to refund all fees and charges received from the students and pay a sum of Rs. 50,000 to each student admitted in this manner.
Fact of the Case:
The Aryabhat Knowledge University, Patna issued a notification in relation to the examination of certain courses, including B.Tech, first-semester theory Examination, 2016. The notification stated that the University would conduct examinations only for students admitted on the basis of entrance examinations held by the Bihar Common Entrance Competitive Examination Board (B.C.E.C.E.B) or Bihar Private Technical & Professional Institutions Association. Several writ applications were filed challenging the part of the notice that debarred students who had not been admitted on the basis of the specified entrance tests.
Finding of the Court:
The court found that the institutions had admitted students to B.Tech and Diploma courses based solely on marks obtained in the qualifying examination, in violation of the law laid down by the Supreme Court. The court emphasized the necessity of holding a Common Entrance Test, either by the State Agency or the Association of Private Institutions for admission to technical and professional courses. The court held that admissions based solely on marks in the qualifying examination were illegal and directed the private managements of the institutions to refund all fees and charges received from the students and pay a sum of Rs. 50,000 to each student admitted in this manner.
Issues: The main issue raised in the present proceedings was whether private unaided technical institutions could admit students to B.Tech and Diploma courses solely on the basis of marks obtained in the qualifying 10+2/Intermediate level or 10th examination, in violation of the law laid down by the Supreme Court.
Ratio Decidendi: The court held that admissions to technical and professional courses must be made through a Common Entrance Test held either by the State Agency or the Association of Private Institutions. Admissions based solely on marks in the qualifying examination were deemed illegal, and the court directed the private managements of the institutions to refund all fees and charges received from the students and pay a sum of Rs. 50,000 to each student admitted in this manner.
Final Decision: The court dismissed the applications and directed the private managements of the institutions to refund all fees and charges received from the students and pay a sum of Rs. 50,000 to each student admitted in violation of the law laid down by the Supreme Court.
Chakradhari Sharan Singh, J.
The Aryabhat Knowledge University, Patna (hereinafter referred to as the University), came out with a notification on 08.02.2017, in relation to examination of certain courses including B.Tech, first semester theory Examination, 2016. The said notice mentions that for the academic Session 2016-17, the University shall conduct examination of such students only who have been admitted on the basis of entrance examination held either by the Bihar Common Entrance Competitive Examination Board (B.C.E.C.E.B) or Bihar Private Technical & Professional Institutions Association (hereinafter referred to as the Association). The notice, to the extent it debars students, who have not been admitted on the basis of admission test held by B.C.E.C.E.B. or the Association for the said professional courses has been put to challenge, in the present batch of writ applications, filed under Article 226 of the Constitution of India.
2. In C.W.J.C. No. 605 of 2017, Bihar Private Technical and Professional Institutions Association is the petitioner, through its Secretary. The Chairman of the Association is petitioner no. 2 in the said case. The Association is justifying the admission of students in the technical and professional courses on the basis of 10+2 marks. The petitioners of C.W.J.C. No. 2247 of 2017 have taken admission in diploma courses in Patna Sahib Polytechnic College, on the basis of marks obtained by them in matriculation (10th) examination. C.W.J.C. No. 2064 of 2017 has been filed by the Principal, Patna Sahib Technical Campus, P.S. Bhagwanpur, District-Vaishali at Hajipur. C.W.J.C. No. 2367 of 2017 has been filed by Netaji Subhas Institute of Technology, through its Member Secretary (N.S.I.T.), Amhara, Bihta at Patna and two students of the said Institute, who have been admitted to B.Tech. course in the said College for academic Session 2016-17, on the basis of marks obtained by them in the intermediate examination and not on the basis of any entrance test held by B.C.E.C.E.B. or Association. Same petitioner(N.S.I.T), in CWJC No. 3457 of 2017, has raised similar grievance in relation to the admission to diploma courses of various streams. The petitioner nos. 3 to 6 are the students of the said course in that institution, in this case.
3. The Institutions are admittedly private unaided Technical Institutions engaged in imparting B.Tech/Diploma in Engineering course, inter alia. These Institutions have allowed some of the students to be admitted to B.Tech./Diploma courses for the academic Session 2016-17 not, on the basis of entrance test held either by B.C.E.C.E.B. or by Association, rather on the basis of their qualification of having passed 10+2/Intermediate/10th examination and marks scored by them in the said examination The minimum qualification for admission to B.Tech and Diploma course in Engineering are 10+2/Intermediate 'pass' and 10th 'pass' respectively.
4. Answer to the question as to whether these technical institutions could have taken admission to B.Tech. course or Diploma courses, only on the basis of marks of the candidates secured by them at the qualifying 10+2/Intermediate level or 10th examination, will be the ultimate determination of the main issue, raised in the present proceedings. Said differently, was it permissible for these private unaided technical Institutions to allow admission in any other manner than on the basis of entrance test held either by the B.C.E.C.E.B. or the Association is the moot question, which needs to be answered in the present case.
5. The State Government of Bihar so far has not framed Rules laying down procedure for admission to these technical courses in privately managed unaided technical Institutions. The question posed above is, therefore, to be answered in the light of the Supreme Court's decisions, which lay down the law and prescribe guideline as to how such admissions to professional courses are to be taken. The Supreme Court's decisions which g
