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2025 Supreme(Online)(P&H) 18439

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
BHOOMI DAHIYA – Appellant
Versus
UNION OF INDIA AND OTHERS – Respondent



IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision: 28.10.2025 BHOOMI DAHIYA ... PETITIONER VS.

UNION OF INDIA AND OTHERS .. RESPONDENTS CORAM: HON'BLE MR. JUSTICE ASHWANI KUMAR MISHRA HON'BLE MR. JUSTICE ROHIT KAPOOR Present: Mr. Anil Ghanghas, Advocate, for the petitioner.

Mr. Anil Chawla, Sr. Panel Counsel for respondents No.1 to 3.

Mr. Arun Gosian, Advocate for respondent No.4.

****

ROHIT KAPOOR , J.

1. The present writ petition has been filed for setting aside the impugned criteria contained in the brochure (Annexure P/1), for admission in B.Tech. Programme, being run by respondent No.3-National Institute of Food Technology Entrepreneurship and Management, which provides for filling up the left-over/vacant seats by way of on-spot counselling, only on the basis of the marks obtained in the 12th standard, by ignoring the marks in NEET/JEE/CUET (hereinafter referred to as the ‘NTA Exams). Further prayer has been made for directing the respondents to fill the left-over/vacant seats only in accordance with the marks/rank obtained by the candidates in the NTA Exams and to admit the petitioner on the basis of her merit, accordingly.

2. Shorn of unnecessary details, brief facts involved are that respondent No.3 (NIFTEM-K), is an Institute of National Importance, established under the National Institutes of Food Technology, Entrepreneurship and Management Act, 2021, (hereinafter referred to as ‘the Act of 2021’). The said institute published an information brochure (Annexure P-1), for admission to B.Tech., M.Tech., MBA, E-MBA and Ph.D. Programme for the session 2025-26, and the last date for submission of on line applications for the B. Tech. Programme was 30th June 2025.

3. It was specifically mentioned in the brochure that the mode of admission for a total number of 200 seats for the B. Tech. (Food Technology and Management) programme, would be by way of two modes. For the 100 seats, which were required to be filled by Joint Seat Allocation Authority/Central Seat Allocation Board (hereinafter referred to as JoSAA and CSAB), admission was to be done as per the application procedure, guidelines mentioned on the website of the said authority, which falls under the Ministry of Education, Government of India. The balance 100 seats were to be filled through respondent No. 3 directly, wherein 50 seats were to be filled on the basis of JEE-Main results, 30 seats on the basis of CUET and 20 seats as per the NEET results, in the various categories as per reservation policy of the Government of India. The seat matrix was duly stipulated in the brochure. The minimum eligibility criteria in the qualifying exams was also stipulated, wherein for the General Category minimum 60% in class XII, 35 % in CUET, less than 6 lakh All India rank in JEE, and less than 8 lakh rank in NEET, was prescribed. It was specifically mentioned in the brochure that if seats remain vacant after the closing of JoSAA/CSAB, 2025 and after few rounds of direct admissions through NIFTEM-K, the remaining seats may be filled through On-spot counselling. It was further clarified that in the on spot counselling, the merit list will be prepared only on the basis of the marks obtained in 12th standard (physics+Chemistry+Mathematics/Biology+English+one additional subject). During the On-spot counselling, NTA scores were not to be considered while preparing the combined merit list and all candidates were to be placed in the same pool, regardless of their scores. The prospective applicants were informed that these scores will serve only as a qualifying criterion for attending the On-spot counselling as per the minimum eligibility requirement specified, for the respective exams.

4. It is undisputed that the petitioner appeared in the NEET examination and obtained All India Rank of 407038 with General Category Rank as 123343. The petitioner also appeared in CUET (UG) and obtained 418.33 marks. Respondent No.3 conducted four rounds of counselling for 100 seats on 21.07.

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