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2023 Supreme(All) 927

IN THE HIGH COURT OF ALLAHABAD, LUCKNOW BENCH
KARUNESH SINGH PAWAR, J.
G.L. Bajaj Institute of Technology and Management – Petitioner
Versus
Union of India and Others – Respondents
Writ (C) No. 8770, 8857, 9310 of 2022, Writ (C) Nos. 1954, 1955 of 2023
Decided On : 26-04-2023

Advocates:
Advocate Appeared:
For the Petitioner: Amit Jaiswal.
For the Respondents: Alok Kumar Pandey, Lalit Shukla, Raj Kumar Singh, Ravi Singh, Sandeep Dixit.

Headnote:

Constitution of India, 1949 - Article 256, 15, 16 - All India Council for Technical Education Act 1987 - Section 10 - Competent authority - Executive Power - Equality before Law - First set consisting of writ petitions has been filed by private engineering colleges of writ petitions has been filed by Technology Management - Held, Determination of seat intake for admission upon application reservation is solely in domain - University does not claims itself to have any power to determine seat intake reservations - Admittedly State determining seat intake respective institutions imparting technical education, modalities fixed by AICTE which appropriate authority defined Central Educational Institutions (Reservation in Admission) Act, 2006 with regard to fixation of seat matrix are binding State Govt. affiliating university - Petitions allowed.

JUDGMENT :

KARUNESH SINGH PAWAR, J.

1. There are two sets of writ petitions, the first set consisting of four writ petitions, has been filed by private engineering colleges and the other set of writ petitions, serially numbered as 4 and 5 above, has been filed by the students who are studying in those colleges/institute. Writ C No. 8770 of 2022, G.L. Bajaj Institute of Technology and Management vs. Union of India is the leading writ petition filed by the institute and in which the following reliefs have been prayed:

“(i) To Issue an appropriate writ, order or direction in the nature of Certiorari quashing the order dated 28-11-2022 passed by the Opposite Party Number 2, an contained in Annexure No. 2 to the Writ Petition.

(ii) To issue a writ of mandamus or a writ, order or direction in the nature of mandamus commanding the opposite parties to properly implement and ensure that 10% of reservation for Economically Weaker Section (EWS) as per the reservation policy for admission without affecting the reservation percentages of SC/ST/OBC/General.

(iii) To issue a writ of mandamus or a writ, order or direction in the nature of mandamus commanding the opposite parties number 2, 3 and 4 by permitting/ increasing correct number of seats and allow admissions in various courses approved by AICTE/OP no. 5 vide letter of Extension of Approval dated 8/7/2022 in accordance with the clause 7.44 of approval process handbook 2022-2023 (APH 22- 23) i.e. making total intake plus EWS as in Computer Science Engineering- CSE-375 seats, Computer Science (Artificial Intelligence) CS(AI)- 225 seats, Computer Science, Artificial Intelligence and Machine learning (CSAIML)- 225 seats, Computer Science(Data Sciences) CS(DS) 225 Seats, Computer Science (Hindi) CS (H)- 75 seats, Artificial Intelligence and Machine learning (AIML)- 75 seats, Artificial Intelligence and Data Science AIDS-75 seats, Information Technology (IT) 225 seats, Electronics and communication Engineering (ECE) - 150 seats, Electrical Engineering (EE) 38 seats, Mechanical Engineering (ME) 37 Seats and In lateral Entry Computer Science Engineering CSE- 38 Seats, Computer Science (Artificial Intelligence) CS(AI) 23 seats, Computer Science Artificial Intelligence & Machine Learning CSAIML 22 seats, Computer Science (Data Science) CB(DS)- 08 seats, Computer Science (Hindi) CSH)-07 Seats, Aritificial Intelligence Machine Learning (AIML) -08 seats, Artificial intelligence, data science (AIDS)-07 seats, Information Technology (IT) 23 seats, Electronica and communication Engineering (ECE) 22 seats, Electrical Engineering, (EE) -07 seats, Mechanical Engineering, (ME) 08 seats, Master of Business Administration (MBA) 525 seats, Master of Business Administration (Business Analytics) MBA (BA)- 150 seats, Masters in computer application (MCA) - 225 Seats.

(iv) To issue a writ of mandamus or a writ, order or direction to allow the petitioner Institution to take admission through counseling procedure and/or vacant seats norms as per new seat matrix as stated in the representation dated 24-11-2022 including EWS category seats in accordance with clause 7.44 of approval process handbook 2022-2023 (APH 22-23) in academic session 2022-2023.

(v) to issue any other writ order or direction as is deemed fit and proper under the circumstances of the case.

(vi) to allow this petition with costs.”

2. In Writ C No. 8857 of 2022 filed by the Pranveer Singh Institute Of Technology, Writ C No. 9310 of 2022 filed Ajay Kumar Garg Engineering College Ghaziabad and Writ C No. 8771 of 2022 filed Abes Institute of Technology, Ghaziabad, the petitioner institute has prayed more or less the same relief as has been prayed by the writ petitioner of writ C No. 8770 of 2022.

In Writ C No. 1954 of 2023 and Writ C No. 1955 of 2023, mainly, a prayer for issuance of a writ of mandamus directing opposite party no. 2 Dr. A.P.J. Abdul Kalam Technical University to allow the petitioners to continue their respective courses in the opposite party n

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