Admissions under management quota were deemed unconstitutional, but petitioners were upheld due to merit and lack of statutory violations.

1. Heard Mr. Sanjay Patel, learned counsel for the petitioners in WPC Nos.1315 of 2015 and 1616 of 2015 and Mr. Kshitij Sharma, learned counsel for the petitioners in WPC No.662 of 2016. Also heard Mr. Gagan Tiwari, learned Deputy Government Advocate, appearing for the respondent Nos.1, 2 and 4 in all the petitions and Mr. B. D. Guru, learned counsel, appearing for respondent No.5 i.e. Institute of Technology, in all the petitions.

2. The facts presented in these petitions are that the Industries situated at Bilaspur and Korba had extended aid to the State Government and accordingly, the Industries were given quota for admission so that the children of the employees of these Industries can be admitted subject to their merit in Chhattisgarh Pre Engineering Test (CGPET) and All India Engineering Entrance Examination (AIEEE). The Institute of Technology is approved by All India Council for Technical Education (AICTE) and is affiliated to Chhattisgarh Swami Vivekanand Technical University. The petitioners had participated in CGPET and AIEEE for Bachelor of Engineering (B.E.) course and their parents were working in the Industries which granted aid to the Institute of Technology. On the basis of merit, the petitioners were admitted in B.E. course in the year 2012-13 and 2013-14 under management quota on the basis of a guideline dated 26.07.2008 issued by the State Government for nomination of the candidates for filling up the management quota.

3. The State of Chhattisgarh had enacted Chhattisgarh Niji Vyavasayik Shikshan Sansthan (Pravas Ka Viniyaman Avam Shulk Ka Nirdharan) Act, 2008 (for short, ''the Act of 2008'') to provide for regulation for admission and fixation of fee in private professional educational institutions in Chhattisgarh and to provide reservation of seats to persons belonging to the Scheduled Castes, the Scheduled Tribes and Other Backward Classes in professional educational institutions and the matters connected therewith or incidental thereto.

4. S.4 of the Act of 2008 provides that the State Government shall, by notification in the official Gazette, constitute a Committee to be called the Admission and Fee Regulatory Committee, (for short, Committee) for the supervision and guidance of the admission process and for the fixation of fee to be charged from candidates seeking admission in a private professional educational institution. The term of the Committee under S.4(3) is for three years from the date of notification.

5. On 22.05.2015, a notice was issued by the Committee to show cause as to why their admission shall not be declared void and petitioners were asked to file their reply by 03.06.2015. The petitioners had filed their reply contending that their admission had been made according to their merit and as per the counselling held at the college level. The Committee passed a final resolution dated 15.07.2015 and declared the admission of students in academic session 2012-13 and 2013-14 in Institute of Technology, Korba dehors merit and invalid. It was further directed that the Institute of Technology shall pay the fee collected to the students through cheque, Demand Draft, etc. The Committee also imposed a fine of Rs.10 Lacs on Institute of Technology. Subsequent thereto, the Committee issued a letter dated 17.07.2015 to the respondent No.5 in the light of the resolution taken. Accordingly, petitioners have prayed for quashing communication dated 17.07.2015 as also the resolution dated 15.07.2015.

6. In the reply - affidavit filed by respondent No.5 in WPC No.662 of 2015, it is stated that the students, whose names have been found in the merit list of CGPET and AIEEE, were admitted in the seats meant for management quota. It is stated that