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SURESH KUMAR KAIT, NEENA BANSAL KRISHNA
Vivekananda Institute of Professional Studies – Appellant
Versus
Government of NCT of Delhi – Respondent
JUDGMENT
Suresh Kumar Kait, J.
1. The present appeal under Clause 10 of Letters Patent Appeal has been filed by the appellant against the judgment dated 17.05.2023 passed by learned Single Judge in W.P.(C) 14677/2022 titled as "Vivekananda Institute of Professional Studies - Technical Campus vs. Govt. Of NCT of Delhi & Ors.".
2. According to appellant, vide aforesaid writ petition being W.P.(C) 14677/2022, a writ of mandamus was sought against the respondents to declare Circular No. DHE 4(4)/GGSIPU/2019/4674-76 dated 22.09.2022 without jurisdiction and further Circular bearing No. GGSIPU/ADMISSION/2819 dated 27.09.2022 & Circular bearing No. IPU7/Online Counselling/2022/2902 dated 14.10.2022 issued in continuation of Circular dated 22.09.2022 being violative of Article 19 (1)(g) of the Constitution of India. Thereby the appellant had prayed for quashing of the afore-noted Circulars dated 22.09.2022, 27.09.2022 and 14.10.2022 issued by respondent No.3-Guru Gobind Singh Indraprastha University being ultra vires of Articles 14 and 19 (1)(g) of the Constitution of India and violative of the provisions of the Act and Rules, 2007.
3. The brief facts spelt out in the present appeal are
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.
The main legal point established in the judgment is that the minimum qualifying standard for MBBS and other professional courses is to be applied to all candidates of management seats and NRI seats, ....
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 ....
The issuance of Notice No. 10 dated 26-9-2023 by respondent No. 4 was in violation of the rules and regulations of the NMC Act, and the communication/order dated 18-10-2023 by respondent No. 2 was ju....
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