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IN THE HIGH COURT OF DELHI AT NEW DELHI
Suresh Kumar Kait, Neena Bansal Krishna, JJ.
Vivekananda Institute of Professional Studies – Appellant
Versus
Government of NCT of Delhi & Anr. – Respondents
LPA 563 of 2023 & CM APPLs. 37179 of 2023, 37180 of 2023, 37181 of 2023
Decided On : 04-08-2023
Management Quota - Admission Procedure - Delhi Professional Colleges or Institutions (Prohibition of Capitation Fee, Regulation of Admission, Fixation of Non Exploitative Fee and Other Measures to Ensure Equity and Excellences) Act, 2007 - Sections 12, 13, 17 - The court upheld the directions in the circular dated 22.09.2022 with partial modification, allowing both online and offline application for Management Quota seats. The directions included making an online portal to display available seats, allowing prospective students to apply online and offline, and publishing the merit list online. The court directed compliance with these directions within two weeks, clarifying that they would not apply to the 2022-23 session and would not disturb seats already filled.
Fact of the Case:
The appellant challenged circulars issued by the Government of NCT of Delhi and Guru Gobind Singh Indraprastha University regarding the admission process for Management Quota seats for the academic session 2022-2023. The appellant argued that the circulars violated the Delhi Professional Colleges or Institutions Act, 2007 and the Rules, and curtailed the fundamental rights of private institutions.
Finding of the Court:
The court found that the circulars did not restrict or curtail the fundamental rights of private institutions and were aimed at ensuring transparent and non-exploitative filling of Management Quota seats. The court declined the challenge to the validity of the circulars and dismissed the petitions, clarifying that the direction in the circular dated 22.09.2022 regarding the constitution of the MQAMC ceases to operate.
Issues: The issues involved the validity of circulars issued by the Government of NCT of Delhi and Guru Gobind Singh Indraprastha University regarding the admission process for Management Quota seats, and the compliance with the Delhi Professional Colleges or Institutions Act, 2007 and the Rules.
Ratio Decidendi: The court held that the circulars did not violate the fundamental rights of private institutions and were in line with the provisions of the Act and Rules. The court also directed compliance with the directions in the circular dated 22.09.2022 with partial modification, allowing both online and offline application for Management Quota seats.
Final Decision: The petitions were dismissed, and the court directed compliance with the directions in the circular dated 22.09.2022 with partial modification. The court clarified that the directions would not apply to the 2022-23 session and would not disturb seats already filled.
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 that Admission Branch of respondent No.3-GGSIP University issued a Circular on 01.09.2022 regarding strict compliance of the provisions of the Act and Rules for filling up the Management Quota seats for Academic session 2022-2023. It was notified that all the un-aided institutions shall admit students in the Management Quota during Academic session 2022-2023 in accordance with the provisions of the Act, particularly Sections 12 and 13 of the Act and Rules notified on 14.06.2007.
4. The appellant in terms of aforesaid Rules issued notice and advertisement on 03.09.2022 for filling-up Management Quota seats in different streams of education and the last date for submission of form was notified as 22.09.2022. Respondent No.3-University vide letter dated 19.09.2022 was duly informed by the appellant about the details of the aforesaid advertisement. List of candidates who applied for admission under the Management Quota seats was notified on 26.09.2022 and counselling whereof was to commence on 27.09.2022. According to appellant, when Circular dated 27.09.2022 issued by respondent No.3- University was issued and received by the appellant, the admission process for nearly 90% courses in respect of Management Quota seats was duly complete. The list of successful candidates under Management Quota was put on the website of appellant-institute and thus, the admission process under the Management Quota was complete and due information in this regard was sent to respondent-University on 28.09.2022.
5. According to appellant, in contravention of Circular dated 01.09.2022 issued by respondent No.3-University, respondent No.2 issued a Circular dated 22.09.2022 in respect of Management Quota seats in private institutions affiliated to respondent No.3-University. The Circular was not issued by respondent No.1-Government of NCT of Delhi. It was not communicated to any of the institutions and was only addressed to the Vice Chancellor of the respondent No.3-University. The Circular laid a totally different procedure from the one as mentioned in the Act, the Rules, the Admission Brochure and the Circular dated 01.09.2022. It required the University to make an online portal to display the branch- wise, college-wise seats available under manager Quota; prospective students can apply online against available seats under Management Quota; and the merit list college-wise shall be published online.
6. Pursuant to the aforesaid Circular dated 22.09.2022, respondent No.3-University issued a Circular dated 27.09.2022 regarding on line registration for Management Quota admissions on the GGSIP University portal and display of merit list on the portal. It inter alia required that the University shall make an online portal to display the branch-wise, college-wise seats available u
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