The State's admission mechanism aligned with the Apex Court's guidelines, and the court declined to interfere with the selection process based on the notification no. 678 dated 05.03.2014.

Anil Kumar Upadhyay, J.

The appellant is aggrieved with the judgment and order of the writ Court dated 08.08.2017 in C.W.J.C. No.7072 of 2017, whereby the writ court on consideration of the submissions of the parties and various judgments of the Apex Court and of this Court declined to issue direction for holding 2nd admission test or to allow the appellant Institute to take admission on the basis of marks obtained by the candidate in 12th examination.

2. Pivotal issues involved in the present Letters Patent Appeal are:

(i) Whether the writ Court should issue direction to the respondents to depart from the modality of selection and admission in the Private Technical Institute contrary to notification no. 678 dated 05.03.2014, particularly, when the same is in tune of the judgment of Apex Court in Islamic Academy of Education and Another Vs. The State of Karnataka & Ors., reported in (2003) 6 SCC 697 : 2004 (1) PLJR(SC) 176?

(ii) Whether writ Court can issue direction to follow the draft Rule dated 11.07.2017 in the absence of any clear indication or administrative decision to follow the said draft Rule, particularly, when there are objection of the General and Administrative Department of State of Bihar on framing of such rule?

3. Initially, the writ application was filed on 10.05.2017: For a direction to the respondents to frame Rule/Regulation/Procedure for admission against the sanctioned vacant seats in respective institutions on the basis of open counselling and after preparing merit list on the marks obtained in the qualifying examination (12th) in the light of the law laid down by the Apex Court in T.M.A. Pai Foundation and others Vs. State of Karnataka & others, reported in (2002) 8 SCC 481 : 2003 (1) PLJR(SC) 1 and Islamic Academy of Education and another Vs. State of Karnataka and others, reported in (2003) 6 SCC 697 : 2004 (1) PLJR(SC) 176 and also prayed for modification in the notification no. 678 dated 05.03.2014 and the Press Note dated 06.02.2014, whereby the modality for admission in the AICTE approved Private Engineering/Polytechnic Institute has been notified. They also prayed for modification or to read down the notification with regard to selection process for admission in the AICTE recognition. The petitioner has also prayed for a direction to the respondent authorities to dispose of the representation dated 23.08.2016 whereby the institute requested the respondents to frame Rule/Regulations or modification of the existing admission Rules.

4. During the pendency of the writ petition, the petitioner filed I.A. No. 5238 of 2017 on 24.07.2017 for seeking direction to the respondents to permit the petitioner institution to take admission against the vacant sanctioned/approved seats in B.Tech/Polytechnic Courses (Session 2017-18) on the basis of merit list to be prepared on the marks obtained by the candidates at 10+2 examination in the Sessions 2017-18.

5. The writ application was heard by the learned Single Judge of this Court and from the order-sheet it appears that the writ Court in order to decide the issue raised in the writ application expeditiously and out of turn, issued various orders to the respondents to file their return and the writ application was finally heard by the learned Single Judge and vide judgment dated 08.08.2017, the writ Court dismissed the writ application relying upon various judgments of the Apex Court and the decision in the Bihar Private Technical and Professional Institutions Association and Ors. Vs. State of Bihar and Others, reported in (2017) 2 PLJR 700.

6. Mr. Nidhesh Gupta, learned Senior Counsel appearing on behalf of the appellant institute has contended that the writ court has committed error of jurisdiction in not issuing direction to the respondents to allow the appellant institute to admit the students on the vacant sanctioned seat following the criteria of preparing select list based on the marks obtained in the qualifying examination (10+2), as the State Governme