IN THE HIGH COURT OF DELHI AT NEW DELHI
Purushaindra Kumar Kaurav, J.
Vivekananda Institute of Professional Studies-technical Campus – Appellant
Versus
Govt. of NCT of Delhi Department of Law, Justice & Legislative Affairs), Through Its Secretary – Respondent
W.P.(C) 14677 of 2022 & CM APPLs. 44985 of 2022, 45790 of 2022, 45791 of 2022, 56595 of 2022, 56596 of 2022 & CM APPL. 4910 of 2023, W.P.(C) 14678 of 2022 & CM APPLs. 44987 of 2022, 45794 of 2022 & CM APPL. 45795 of 2022, W.P.(C) 14679 of 2022 & CM APPLs. 44989 of 2022, 45788 of 2022, 45789 of 2022, 56560 of 2022, 56561 of 2022 & 4860 of 2023, W.P.(C) 14680 of 2022 & CM APPLs. 44991 of 2022, CM APPL. 45852 of 2022, 45853 of 2022, 56550 of 2022, 56551 of 2022, 4911 of 2023 & W.P.(C) 2368 of 2023 & CM APPL 9063 of 2023
Decided On : 17-05-2023
JUDGMENT
1. This batch of writ petitions involves common issues, viz-validity of Circulars dated 22.09.2022, 27.09.2022 and 14.10.2022; interpretation of applicable admission rules in the matter of admitting students under Management Quota Seats and the same is, thus, being decided by a common order. For the sake of clarity, facts are being extracted from W.P.(C) No. 14677/2022 titled as `Vivekananda Institute Of Professional Studies-Technical Campus v. Govt. of NCT of Delhi and Ors.`. However, wherever necessary, facts from individual matters will be adverted to and discussed.
2. The writ petitions being W.P.(C) 11906/2022 and W.P.(C) 14347/2022 have been filed by an aspirant, namely, Shubham Jha seeking admission in B.Tech course against the 10% Management Quota Seats in private unaided institutions. The petition being W.P.(C) 16709/2022 is filed by another aspirant, namely, Noorakshi Dahiya seeking admission against the 10% Management Quota Seats. The petition being W.P.(C) 2368/2023 is filed by the students, already admitted against the same 10% Management Quota Seats, by Maharaja Suraj Mal Institute of Technology (hereinafter referred to as `MSIT'). However, the University has not ratified their admission and has declared these admissions, as null and void.
3. The other four writ petitions being W.P.(C) 14677/2022, Vivekananda Institute of Professional Studies-Technical Campus; W.P.(C) 14678/2022, Surajmal Memorial Education Society (Regd.); W.P.(C) 14679/2022, Maharaja Agrasen Technical Educational Society and W.P.(C) 14680/2022, Bharati Vidayapeeth's College of Engineering, have been filed by private institutions, inter alia, against Circulars issued by the Respondents i.e. State of NCT of Delhi and Guru Gobind Singh Indraprastha University, New Delhi (hereinafter referred to as the `University').
4. The challenge in the petitions filed by the aforementioned institutions is against Circulars dated 22.09.2022, 27.09.2022 and 14.10.2022. Vide Circular dated 22.09.2022, the Directorate of Higher Education (hereinafter referred to as DHE) issued directions to the Vice Chancellor of the University with respect to the admissions against Management Seats in private institutions affiliated to the University. Vide Circular dated 27.09.2022, the University issued directions regarding online registration for Management Quota admissions on the University`s portal and the display of merit list on the said portal. Vide another Circular dated 14.10.2022, the University issued the Schedule for Online Registration for Management Seats Admissions for the Programme B. Tech (Code-131). It is pertinent to note that vide Circular dated 17.10.2022, the University reaffirmed its earlier Circular dated 14.10.2022, whereas, vide Circular dated 18.10.2022, the schedule for online registration for Management Seats was declared, however, the same have not been specifically challenged.
5. The challenge to the impugned Circulars is mainly on the ground of violation of Article 19(1)(g) of the Constitution of India and the same being issued without any jurisdiction and authority of law.
6. Mr. Manoj Goel, learned Senior Counsel assisted by Mr. Nishant Anand, Mr. Gunjan Bansal, Mr. Kumar Abhishek and Mr. Sachin Sharma, Advocates, submits that the Petitioner-institution, which is a private unaided professional educational institution, has the right to admit up to 10% seats under the Management Quota in accordance with The Delhi Professional Colleges or Institutions (Prohibition of Capitation Fee, Regulation of Admission, Fixation of Non-Exploitative Fee and Other Measures to Ensure Equity and Excellence) Act, 2007 (hereinafter referred to as the `Act of 2007') and The Delhi Professional Colleges or Institutions (Prohibition of Capitation Fee, Regulation of Admission, Fixation of Non-Exploitative Fee and Other Measures to Ensure Equity and Excellence) Rules, 2007 (hereinafter referred to as the `Rules of 2007'). Mr. Goel submits that, the impugned C
The main legal point established in the judgment is that the circulars regarding the admission process for Management Quota seats did not violate the fundamental rights of private institutions and we....
Admissions under management quota were deemed unconstitutional, but petitioners were upheld due to merit and lack of statutory violations.
The court upheld that while institutions possess the right to admit students, there is no entitlement to fill all available seats, emphasizing merit-based admissions per regulatory guidelines.
Point of law: Supreme Court held that such regulations were not permissible and that any regulation which had the effect of takeover of seats, or reserving some part of unaided college’s intake, woul....
The State cannot compel minority institutions to share seats; it must ensure transparent, merit-based admissions without compromising minority character.
The main legal point established in the judgment is that the admission procedure must ensure admissions are done strictly in accordance with merit, and the freedom to run educational institutions is ....
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