PUNJAB & HARYANA HIGH COURT
M.M.Punchhi and A.L.Bahri JJ.
N.K.Batra
Versus
Kurukshetra University
Civil Writ Petition No. 6755 of 1989,
Decided On : AUGUST 16, 1989
Normalisation - Admission to Engineering Degree Courses - [Art.14, Art.15, Central Board, Haryana Board, B.Tech Courses, Regional Engineering Colleges, Chhotu Ram State College of Engineering, Murthal] - The court quashed the concept and principle of normalisation as violative of Articles 14 and 15 of the Constitution and directed its deletion from the Admission Brochure for joint admission to the B.Tech. Courses at Regional Engineering Colleges and Chhotu Ram State College of Engineering, Murthal, for the academic year 1989-90, and further directed the respondents to finalise the admission on the basis of the old procedure which held good until recently in the preceding years.
Fact of the Case:
The petitioners challenged the concept of normalisation as the basis of selection for admission to 4 year Undergraduate Engineering Degree Courses at Regional Engineering Colleges in Haryana and Chhotu Ram State College of Engineering, Murthal. The petitioners argued that the system of normalisation was arbitrary, illegal, and violative of Art.14 of the Constitution, and it led to unfair discrimination in favor of the Haryana Board students.
Finding of the Court:
The court found that the concept and principle of normalisation were violative of Articles 14 and 15 of the Constitution and directed its deletion from the Admission Brochure for joint admission to the B.Tech. Courses at Regional Engineering Colleges and Chhotu Ram State College of Engineering, Murthal, for the academic year 1989-90. The court further directed the respondents to finalize the admission on the basis of the old procedure which held good until recently in the preceding years.
Issues: The issues included the legality and fairness of the system of normalisation for admission to Engineering Degree Courses, the alleged discrimination in favor of the Haryana Board students, and the compliance with constitutional provisions.
Ratio Decidendi: The court held that the concept of normalisation was violative of Articles 14 and 15 of the Constitution as it led to unfair discrimination and inequality in admission to the Engineering Degree Courses. The court also emphasized the need to maintain equality and fairness in the admission process.
Final Decision: The court quashed the concept and principle of normalisation and directed its deletion from the Admission Brochure for joint admission to the B.Tech. Courses at Regional Engineering Colleges and Chhotu Ram State College of Engineering, Murthal, for the academic year 1989-90. The respondents were further directed to finalize the admission on the basis of the old procedure which held good until recently in the preceding years.
M.M.PUNCHHI, J.
1. In this writ petition preferred by 67 petitioners, challenge has been made to the newly introduced phenomenon of Normalisation as the basis of selection for admission to 4 year Undergraduate Engineering Degree Courses at all the Regional Engineering Colleges in the State of Haryana and the Chhotu Ram State College of Engineering, Murthal (Haryana).
2. Most of the petitioners herein are minors and have approached this Court through their parents or guardians. The petitioners are residents of the State of Haryana and are students in various schools in the State of Haryana. They had appeared in the examination of the 12th class of the 10 + 2 system in the All India Senior School Certificate Examination conducted by the Central Board of Secondary Education, Delhi (for short, referred to as the Central Board ), since their schools were affiliated to that Board. Another system which is akin to the Central Board system is afloat in the State of Haryana through other schools. Students thereof appear in the Senior Secondary Certificate Examination conducted by the Haryana School Education Board (for short, referred to as the Haryana Board ), as their schools are affiliated to that Board. Both the Central Board and the Haryana Board have adopted the same syllabi and the same pattern of examination. Students clearing these two examinations from the schools situated within the State of Haryana are eligible to apply for the course known as B.Tech. These examinations are considered equivalent for the purposes of admission to the Regional Engineering College, Kurukshetra, respondent No.3, affiliated to the Kurukshetra University, respondent No.1, and Chhotu Ram State College of Engineering, Murthal, respondent No. 4 affiliated to the Maharshi Dayanand University, respondent No. 2.
3. According to the petitioners, there are a total number of 310 seats for the B.Tech. Courses in the Regional Engineering College, Kurukshetra, out of which 155 (one-half) are kept for the students of Haryana and the other 155 are thrown open to the students from the entire country. Similarly, in Chhotu Ram State College of Engineering, Murthal, there are 150 seats kept for the students of Haryana. In addition to these 305 seats, 58 other seats are allocated to the students of Haryana in the other Regional Engineering Colleges in the other parts of the country. In this manner there are 363 seats for the students of Haryana. Uptill the year 1989 these seats were filled on the basis of merit determined from the qualifying marks obtained by the candidates in the Central Board and Haryana Board examinations on the basis of equivalency. With effect from the current academic session 1989-90 the two colleges, afore-referred to, made a decision to follow a system of normalisation of marks obtained by the candidates of the two Boards. The petitioners assert that the Board of Governors of the M.D. University, Rohtak, in their meeting held on November 4, 1988, decided to follow the system of normalisation of marks. But this fact appeared in the press in April, 1989 only, both in the Hindi as also English Sections though it was somewhat discrepant. The petitioners further assert that the Government of India, on the other hand, vide advertisement Annexure- P-3 dated March 15, 1989, had given out that the admission procedure as before would continue for the Session 1989-90 in the Regional Engineering Colleges. In May, 1989 came out the Admission Brochure for joint admission in both the Colleges in which by means of Cl.7 the basis of selection was laid, adopting the concept known as Normalisation . It would be worthwhile to reproduce at this stage Clause 7 :
"(7) Admission to all the Regional Engineering Colleges, listed in para 1 above, will be made on the basis of merit of normalized marks as per the procedure given below: 1. The marks obtained by the top (X) students, as detailed in para 2 below, in the subject of say Physics, appearing in the 10 +
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