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2007 Supreme(P&H) 1968
PUNJAB & HARYANA HIGH COURT
Adarsh Kumar Goel and Ajai Lamba JJ.
Ct Group Of Institutions
Versus
State Of Punjab
CWP No. 5847 of 2007,
Decided On : NOVEMBER 13, 2007
Imposition of penalty for not obtaining permission from the University was not justified, and all admissions must be made on merit, open to all eligible candidates.
Headnote:
management quota - validity of penalty imposition - B.Ed. course - [State of Punjab appointed Panjab University, Chandigarh as the authority to conduct Entrance Test for selection of students for admission to B.Ed. course for the session 2006-07 in the colleges affiliated to the Guru Nanak Dev University, Punjabi University and Panjab University. As per the said notification, name of the petitioner-College was shown at Sr. No. 5 for 100 seats. Clause 9 of the Notification provided for 15% of the State quota seats to be treated as management quota seats, which were out of the purview of centralised counselling. The said seats were accordingly excluded from the centralised counselling. The co-ordinator for the Centralised admissions raised certain issues and imposed penalty on the allegation that the petitioner had not appointed the requisite staff. The petitioner paid the penalty and made a claim that it had filled up 13 seats of management quota. The University passed the impugned order requiring the petitioner to pay penalty of Rs. 4 lacs and deposit the total fee of 13 students i.e. Rs. 4,55,000/-]
Fact of the Case:
The petitioner College filled up management quota seats without permission of the University, leading to the imposition of a penalty.
Finding of the Court:
The court found that the imposition of the penalty for not obtaining permission from the University was not justified. The University was given liberty to take appropriate action in accordance with law.
Issues: (i) Whether the impugned order of imposition of fine for not fulfilling the requirement of affiliation is justified? (ii) Whether the petitioner-College was liable to be proceeded against for not complying with the procedure laid down in the corrigendum for filling up of the management quota? (iii) Whether management quota can be provided for a non-minority educational institution?
Ratio Decidendi: The court held that the imposition of the penalty for not obtaining permission from the University was not justified. It also emphasized the need to check commercialization and promote excellence in education by making merit the sole criteria for admissions. The court further ruled that there cannot be any management quota at the discretion of a non-minority management and all admissions have to be made on merit, open to all eligible candidates.
Final Decision: The writ petition is disposed of accordingly, and the University is given liberty to proceed afresh in accordance with the court's observations.
, J.
1. This petition questions the validity of the order dated 20.2.2007. Annexure P. 15 passed by respondent No. 2 University, imposing penalty of Rs. 4 lacs on the ground that the petitioner College filled up management quota seats without permission of the University.
2. Case of the petitioner is that as per notification dated 13.4.2006, Annexure P.1, the State of Punjab appointed Panjab University, Chandigarh as the authority to conduct Entrance Test for selection of students for admission to B.Ed. course for the session 2006-07 in the colleges affiliated to the Guru Nanak Dev University, Punjabi University and Panjab University. As per the said notification, name of the petitioner-College was shown at Sr. No. 5 for 100 seats. Clause 9 of the Notification provided for 15% of the State quota seats to be treated as management quota seats, which were out of the purview of centralised counselling. The said seats were accordingly excluded from the centralised counselling. The co-ordinator for the Centralised admissions respondent No. 5 raised certain issues and imposed penalty of Rs. 1 lac vide letter dated 4.9.2006, Annexure P. 6 on the allegation that the petitioner had not appointed the requisite staff. The petitioner paid the penalty and made a claim vide letter dated 25.10.2006, Annexure P. 9 that it had filled up 13 seats of management quota. The petitioner submitted University examination forms of the students admitted. On 20.2.2007, vide Annexure P. 15. Respondent No. 5 passed the impugned order requiring the petitioner to pay penalty of Rs. 4 lacs and deposit the total fee of 13 students i.e. Rs. 4,55,000/-.
3. The contention raised is that the petitioner-college having never been asked to take `No Objection Certificate before admitting the students under management quota, the penalty could not be imposed. The University had been duly informed about the filling up of 13 seats under management quota and observation in the impugned order that the seats had been filled up without prior permission, was erroneous.
4. In the reply filed by the University, stand taken is that obtaining of NOC from the University was the condition precedent for filling up management quota seats as per notification Annexure P.1 read with corrigendum dated 11.8.2006, procedure for tilling up management quota seats was also laid down i.e. by conducting an entrance test. Further corrigendum dated 19.8.2006 was issued requiring No Due Certificate from the affiliating University and further requiring the affiliating University to publish list of management quota seats. The corrigendum dated 1 1.3.2006 to the extent relevant is an under
"a) Each institute duly authorised by the University conducting the counselling shall publish an advertisement in two leading newspapers (i.e. One in English and one in Punjabi Language).
b) The Management of the institute will fill up management quota seats on the basis of the merit of the Entrance Test through own counselling in transparent manner atleast two days before the start of second counselling by the Pan jab University, Chandigarh. The Management of the institute shall report to the Panjab University. Chandigarh regarding unfilled management quota seats before the start of the second counselling and those unfilled management quota seats will be filled up through main counselling to be conducted by Panjab University, Chandigarh."
Corrigendum dated 19.8.2000 to the extent relevant is as under :-
"9(3) c) Management quota seats will be allowed only to those institutes (old and new) who will obtain No Due Certificate from the affiliating University regarding upto date dues, if any, payable to the affiliating University. The affiliating university shall forward the list of such institutes to the co-ordinator, B.Ed. Entrance Test counselling 2006-07 who will publish the list of management quota seats (subject-wise, institute wise and university wise) atleast 10 days prior to the start of second counselli
