2014 Supreme(P&H) 1108
PUNJAB & HARYANA HIGH COURT
K. KANNAN, J.
Charvi Saxena & others – Appellants
Vs.
Central Board of Secondary Education & others – Respondents
C. W. P. No. 13601 of 2014
Decided On : 04/08/2014
New admission criteria cannot be introduced after the release of the prospectus, and the minimum eligibility criteria prescribed by the relevant authority must be upheld.
Headnote:
Admission Criteria - Engineering Course - [Central Board of Secondary Education (CBSE)] - [Ritesh Bindal v. Punjab University, Amardeep Singh Sahota v. State of Punjab, Raj Singh v. The Maharishi Dayanand University] - The court discussed the introduction of new admission criteria not mentioned in the prospectus, the reservation policy, and the eligibility criteria prescribed by the CBSE. The court emphasized that new criteria cannot be introduced after the release of the prospectus and upheld the minimum eligibility criteria set by the CBSE.
Fact of the Case:
The petitioners sought admission to an Engineering Course and challenged the new conditions introduced by the CBSE in the examination result, particularly related to the Sports Quota.
Finding of the Court:
The court found that the introduction of new criteria not mentioned in the prospectus was impermissible and upheld the minimum eligibility criteria set by the CBSE.
Issues: The issues revolved around the introduction of new admission criteria, reservation policy, and the eligibility criteria prescribed by the CBSE.
Ratio Decidendi: The court held that new admission criteria cannot be introduced after the release of the prospectus and emphasized the importance of upholding the minimum eligibility criteria set by the CBSE.
Final Decision: All the petitions were dismissed by the court.
Replication to the written statement is taken on record. CM stands disposed of.
Main Case :
2. All the petitioners were persons, who claim admission to Engineering Course, claiming that the examination result announced by the Central Board of Secondary Education (CBSE) has introduced new conditions, which were not part of the prospectus. The allusion is to the results announced, setting out the marks secured in the entrance examination and the overall ranks obtained by candidates by taking into account 60% for entrance examination and 40% for the marks secured in +2 examination. The CBSE has stipulated that the persons, who shall not be permitted for filling up their choices online for counseling, shall be the persons, who secured less than the cut-off marks and also sets out in three categories of persons, who are eligible for filling up choices online, viz. :-persons in Common Merit List Category 62 marks, OBC Category 52 marks, SC/ST Category 32 marks. All the petitioners, who claim under the Sports Quota, were persons who secured less than 62 marks and according to them, the stipulation may amount to a new criterion, which was not already found in the prospectus. The prospectus reveals the minimum marks that would be necessary for being eligible and also states that reservation in their respective states shall be as per the reservation policy. The petitioners-contention is that the persons belonging to the Sports Quota are an independent category and there cannot be any cut-off marks for those persons to be eligible for filling up the choices online. The petitioners have argued that at a previous occasion, the University issued a Corrigendum setting out 62 marks as the minimum eligibility criterion for applying online. This Court, in a judgment titled Ritesh Bindal v. Punjab University - C. W. P. No. 14760 of 2013 held that introducing new criterion, which was not found in the prospectus, would be impermissible and quashed the Corrigendum. The Court, in its judgment dated 23.07.2013, relied on Full Bench rulings of this Court, which are again relied by the counsel, viz. Amardeep Singh Sahota v. State of Punjab 1993 (2) PLR 213 and also in the case of Raj Singh v. The Maharishi Dayanand University 1994 (2) PLR 32, holding that new criterion cannot be introduced in the course of selection process for admission, which were not part of the criterion at the time, when the prospectus was released.
3. The counsel for the petitioners has argued making reference to the eligibility conditions declared by the University, where it is set forth as under :-
Inter-se Merit for Admission
The inter-se merit of the candidates for admission will be determined on the basis of All India Rank obtained in JEE (Main) 2014 only, except in the Sports Category and the Defence Categories.
4. The counsel appearing on behalf of the University would point out that there is no breach of any condition in the prospectus and the University allows itself to be wholly guided, as indeed bound to apply the eligibility criterion, which is set forth by the CBSE of only that person, who claims admission on a special category, such as Sports Quota, would become eligible in order that he fills up this choice online for counseling. The eligibility of what the CBSE declares shall be fixed only on the basis of the results which the CBSE announces and if the CBSE has prescribed such marks as eligible for online counseling, the University does not make any condition when it sets out that inter-se merit would be decided on the basis of rank except in Sports Category and the Defence Categories. The learned counsel would explain the exception as arising in a situation, where within the persons, who are eligible as per CBSE results, the merit position or ranking relevant for all the General Category students but would be irrelevant for Sports Category students, as admission to them shall be on the basis of gradation issued by the Department of U.T. for Sports. He would, the