G.S.SINGHVI, NIRMAL SINGH
Abhinav Kumar – Appellant
Versus
State Of Haryana – Respondent
Certainly. Based on the provided legal document, the key points are as follows:
The court emphasized that the non-consideration of a candidate’s candidature for admission solely on the ground of de-recognition of an examination recognized by the Government of India is arbitrary and violates the fundamental right to equality under Article 14 of the Constitution of India (!) (!) .
The examination conducted by the Bihar Intermediate Education Council was recognized by the Government of India, and its de-recognition by the Haryana Board was found to be unjustified and inconsistent with the recognition status of the examination (!) (!) .
The decision to exclude candidates who passed the recognized examination conducted by the Council was deemed arbitrary and violative of their constitutional rights, specifically the right to equality guaranteed under Article 14 (!) .
The court directed the respondents, including the university and associated colleges, to reconsider the candidature of the petitioners for admission to the Bachelor of Engineering course based on their merit and to admit them against the available vacant seats within a specified short period (!) .
The court recognized that the examination conducted by the Council was recognized by the Government of India and that the university’s action to list it as de-recognized was unjustified, emphasizing that the recognition status of the examination should be respected and upheld in admission decisions (!) (!) .
Overall, the judgment underscores the importance of fairness and adherence to recognized standards in admission processes, ensuring that candidates are not unfairly excluded based on administrative or recognition issues that are inconsistent with the actual recognition status of their examinations (!) (!) .
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G.S.Singhvi, J.
1. In these petitions, the petitioners have prayed for striking down Entry 1 of Annexure x attached with the prospectus issued by Maharshi Dayanand University, Rohtak (for short, the University) whereby the examination conducted by Bihar Intermediate Education Council, Patna (for short, the Council) has been included in the list of examinations which have been de-recognised. They have further prayed for issuance of a writ in the nature of mandamus directing the University and Apeejay College of Engineering, Village Silani, District Gurgaon (for short, the College) to treat them eligible for admission in Bachelor of Engineering Course against management quota seats.
2. For the sake of convenience, we may notice the facts from CWP No. 12680 of 2003.
3. After having passed 10+2 examination conducted by the Council in the year 2002, petitioner-Abhinav Kumar appeared in All India Engineering Pharmacy/Architecture Entrance Examination-2003 (for short, AIEEE-2003) conducted by the Central Board of School Education. He was declared successful and placed at No. 8995 in the State list. However, he was not allowed to participate in the counselling held for the purpose
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