Chattisgarh High Court
Mahipal Kaiwart vs State Of Chhattisgarh on 12 May, 2022
1
AFR
HIGH COURT OF CHHATTISGARH, BILASPUR
WPC No. 1315 of 2015
1. Anamika Parashar D/o Shri Manoj Parashar Aged About 20 Years
R/o R.P. Nagar, Phase- 1, Plot No. 857-858 Korba, Distt.- Korba
Chhattisgarh, Chhattisgarh
2. Shubham Jai Baxla S/o Shri Shashi Baxla Aged About 20 Years R/
o M. - 430, Vikas Nagar, Kusmunda, Distt.- Korba Chhattisgarh,
District : Korba, Chhattisgarh
3. Anjali Yadav D/o Shri B.D. Yadav Aged About 20 Years R/o Qtr.
No. Mq/ 1262 Pragati Nagar, Korba, Distt.- Korba Chhattisgarh,
District : Korba, Chhattisgarh
4. Priya Singh D/o Shri Pramod Singh Aged About 20 Years R/o Se
245, Cseb Colony, Korba, Distt.- Korba Chhattisgarh, District :
Korba, Chhattisgarh
5. Shaheen Bano D/o Shri Sheikh Niyamat Ullah Aged About 20
Years R/o Ramsagar Para, Darri Road, Korba, Distt.- Korba
Chhattisgarh, District : Korba, Chhattisgarh
6. Kumudani Patle D/o Shri R.S. Patle Aged About 20 Years R/o Nd-
37 Cseb Colony, Korba, Distt.- Korba Chhattisgarh, District :
Korba, Chhattisgarh
7. Nikhil Agrawal S/o Shri Narendra Agrawal Aged About 19 Years R/
o Industrial Area, Katghora, Distt.- Korba Chhattisgarh, District :
Korba, Chhattisgarh
8. Ujjawal Tiwari S/o Shri K.N. Tiwari Aged About 20 Years R/o Se
655 Cseb Colony, Korba, Distt.- Korba Chhattisgarh, District :
Korba, Chhattisgarh
9. Chandra Mani Sahu S/o Shri Mohan Lal Sahu Aged About 20
Years R/o M-22, Pump House, Secl Colony, Korba, Distt.- Korba
Chhattisgarh, District : Korba, Chhattisgarh
10. Nikesh Das Mahant S/o Shri Vidya Das Mahant Aged About 20
Years R/o Qtr. No. 1498, Cseb Colony West, Korba, Distt.- Korba
Chhattisgarh, District : Korba, Chhattisgarh
11. Tushar Gupta S/o Shri Anoop Gupta Aged About 20 Years Rajiv
Nagar, Bsbk Colony, Htpc, Darri, Korba Chhattisgarh, District :
Korba, Chhattisgarh
12. Khusboo Sharma D/o Shri Santosh Sharma Aged About 20 Years
R/o Main Road, Sitamani, Korba, Distt.- Korba Chhattisgarh,
District : Korba, Chhattisgarh
13. Shraddha Sharma D/o Shri Sunil Sharma Aged About 20 Years R/
o Qtr. No. D- 13, Subhash Block, Secl, Korba, Distt.- Korba
Chhattisgarh, District : Korba, Chhattisgarh
14. Bhawana Chandra D/o Shri P.L. Chandra Aged About 20 Years R/
2
o Ab- 1831, Krishna Vihar, Ntpc, Korba, Distt.- Korba Chhattisgarh,
District : Korba, Chhattisgarh
15. Rahul Jaiswal S/o Shri Suresh Jaiswal Aged About 21 Years R/o
Purani Basti, Katghora, Distt.- Korba Chhattisgarh, District : Korba,
Chhattisgarh
16. Sushil Agrawal S/o Shri Rambilas Agrawal Aged About 22 Years R/
o Main Road, Korba, Distt.- Korba Chhattisgarh, District : Korba,
Chhattisgarh
17. Abhijeet Pandey S/o Shri S.K. Pandey Aged About 21 Years R/o
Lig- 42, Rss Nagar, Korba, Distt.- Korba Chhattisgarh, District :
Korba, Chhattisgarh
18. Mohammad Ahad S/o Mohammad Javed Aged About 21 Years R/o
Qtr. No. M/77, Manikpur, Korba, Distt.- Korba Chhattisgarh, District
: Korba, Chhattisgarh
19. Abhilash Sautkar S/o Shrisaheb Rao Sautkar Aged About 21 Years
R/o Puttarpara, Cseb Colony, Korba, Distt.- Korba Chhattisgarh,
District : Korba, Chhattisgarh
20. Disha Bhomia D/o Shri Alok Kumar Bhomia Aged About 21 Years
R/o C- 52 Prakash Kunj, Prakash Industries, Champa, Distt.-
Janjgir- Champa Chhattisgarh, District : Janjgir-Champa,
Chhattisgarh
21. Saksham Shukla S/o Shri Akhilesh Shukla Aged About 20 Years R/
o Hig- 19 Behind Niharika Talkies, Korba, Distt.- Korba
Chhattisgarh, District : Korba, Chhattisgarh
22. Gaurav Raj S/o Shri Gopal Sharma Aged About 21 Years R/o
Gokul Nagar, College Road, Korba, Distt.- Korba Chhattisgarh,
District : Korba, Chhattisgarh
23. Akash Agrawal S/o Shri Babu Lal Agrawal Aged About 21 Years R/
o Sura Kachhar, Bhairotal, Korba, Distt.- Korba Chhattisgarh,
District : Korba, Chhattisgarh
24. Anand Gupta S/o Shri Rajendra Kumar Gupta Aged About 20
Years R/o Cseb Colony, Korba Chhattisgarh, District : Korba,
Chhattisgarh
25. Somesh Sabre S/o Late Shri Kachru Sabre Aged About 20 Years
R/o Cseb Colony, Korba, Distt.- Korba Chhattisgarh, District :
Korba, Chhattisgarh
26. Rupesh Rathore S/o Shri Jeevan Rathore Aged About 20 Years R/
o Cseb Colony, Korba, Distt.- Korba Chhattisgarh, District : Korba,
Chhattisgarh
27. Nikhil Tiwari S/o Shri R.K. Tiwari Aged About 21 Years R/o Ntpc,
Korba, Distt.- Korba Chhattisgarh, District : Korba, Chhattisgarh
28. Sanjay Kharsan S/o Shri D.R. Kharshan Aged About 25 Years R/o
Ntpc, Korba, Distt.- Korba Chhattisgarh, District : Korba,
Chhattisgarh
29. Sapna Shukla D/o Shri Dhananjay Shukla Aged About 21 Years
3
R/o Indira Nagar, Jamnipali, Korba, Distt.- Korba Chhattisgarh,
District : Korba, Chhattisgarh
30. Namrata Karsh D/o Shri Teej Ram Karsh Aged About 21 Years R/o
Qtr. No. E- 329, Kailash Vihar, Darri, Korba, Distt.- Korba
Chhattisgarh, District : Korba, Chhattisgarh
31. Heena Bano D/o Shri Tufail Ahamad Aged About 20 Years R/o Qtr.
No. 2/6 Banki Mogra, Korba, Distt.- Korba Chhattisgarh, District :
Korba, Chhattisgarh
32. Ankita Manikpuri D/o Shri Umend Das Manikpuri Aged About 21
Years R/o Qtr No. F/ 415 Block Colony, T.P. Nagar, Korba, Distt.-
Korba Chhattisgarh, District : Korba, Chhattisgarh
33. Shubham Shrivastava S/o Shri Aditya Shrivastava Aged About 22
Years R/o Cseb Colony, Korba, Distt.- Korba Chhattisgarh,
District : Korba, Chhattisgarh
34. Bharat Shriwas S/o Shri Mannu Shriwas Aged About 22 Years R/o
Cseb Colony, Korba, Distt.- Korba Chhattisgarh, District : Korba,
Chhattisgarh
35. Phool Singh S/o Murari Singh Aged About 20 Years R/o Railway
Colony, Korba, Distt.- Korba Chhattisgarh, District : Korba,
Chhattisgarh
36. Rajendra Kumar S/o Shri Chhatram Aged About 22 Years R/o Secl
Colony, Korba, Distt.- Korba Chhattisgarh, District : Korba,
Chhattisgarh
37. Deepak Shrivas S/o Shri Rajesh Kumar Shrivas Aged About 21
Years R/o Purani Basti Devangan Mohalla, Korba, Distt.- Korba
Chhattisgarh, District : Korba, Chhattisgarh
38. Nikita Pandey D/o Umashankar Pandey Aged About 20 Years R/o
Ews - 30 M.P. Nagar, Korba, Distt.- Korba Chhattisgarh, District :
Korba, Chhattisgarh
39. Gourav Kumar Sahu S/o Vijay Kumar Sahu Aged About 19 Years
R/o M- 350, Pump House, Secl Korba, Distt.- Korba Chhattisgarh,
District : Korba, Chhattisgarh
40. Shamsad Ali S/o Md. Kaleem Aged About 22 Years R/o Budhwari
Bazaar, Korba, Distt.- Korba Chhattisgarh, District : Korba,
Chhattisgarh
---- Petitioners
Versus
1. State of Chhattisgarh Through- Secretary, Technical Education,
Janshakti Niyojan, Science And Technology Department,
Mahanadi Mantralaya, Naya Raipur Chhattisgarh, Chhattisgarh
2. Director, Technical Education, Mantralaya, Sanchanalaya, Raipur
Chhattisgarh, District : Raipur, Chhattisgarh
3. Chhattisgarh Swami Vivekanand Technical University Through-
Registrar, Bhilai, Distt- Durg Chhattisgarh, District : Durg,
Chhattisgarh
4
4. Admission And Fee Regulatory Committee A Statutory Body
Constituted Under Chhattisgarh Niji Vyavasayik Shikshan Sanstha
Pravesh Ka Viniyaman Avam Shulk Ka Nirdharan Act, 2008
Through - Chair Person, Government Girls Polytechnic Premises,
Bairan Bazaar, Raipur Chhattisgarh, District : Raipur, Chhattisgarh
5. Institute of Technology A Government Autonomous College
Through- Principal, Balco- Urga Ring Road, Village- Jhagarha,
Post- Risdi, Korba, Distt.- Korba Chhattisgarh, District : Korba,
Chhattisgarh
---- Respondents
WPC No. 662 of 2016
1. Mahipal Kaiwart S/o Late Gaukaran Lal Kaiwart, Aged About 20
Years R/o Rajasv Colony Rampur I.T.I. Korba Quarter No. H/2,
Korba, District Korba, Chhattisgarh, Chhattisgarh
2. Neha Sahu, D/o Shri B.C. Sahu, Aged About 20 Years R/o Plot No.
M.I.G. 3/1, Pandit Ravi Shankar Shukla Nagar, Korba, District
Korba, Chhattisgarh, District : Korba, Chhattisgarh
3. Saurabh Kashyap, S/o Shri Rajesh Kashyap, Aged About 22 Years
R/o House No. 276, Near Madhurani Mandir, Irrigation Colony I.T.I.
Rampur, Korba Chhattisgarh Tehsil And Revenue District Korba
Chhattisgarh , District : Korba, Chhattisgarh
---- Petitioners
Versus
1. State of Chhattisgarh Through Secretary Technical Education
Janshakti Niyojan, Sience And Technology Department, Mahanadi
Bhawan Mantralaya, Naya Raipur, Chhattisgarh, Chhattisgarh
2. Director, Technical Education, Mantralaya, Sanchnalay, Raipur
Chhattisgarh, District : Raipur, Chhattisgarh
3. Chhattisgarh Swami Vivekanand Technical University, Through
Registrar, Bhilai, Distirict Durg Chhattisgarh, District : Durg,
Chhattisgarh
4. Admission And Fee Regulatory Committee, Through Its Office of
Secretary, R/o Women Polytechnic Permission, Bayron Bazar,
Raipur Chhattisgarh, District : Raipur, Chhattisgarh
5. Institute of Technology, A Government Autonomous College
Thorugh Pricipal Balco Urga Ring Road Village Jhagarha, Post
Risdi, Korba District Korba Chhattisgarh, District : Korba,
Chhattisgarh
6. All India Council For Technology Educaiton, Through Its Chairman,
7th Floor, Chandralok Building Janpath, New Delhi, 11001, Delhi
---- Respondents
WPC No. 1616 of 2015
1. Gaurav Kumar Sahu S/o Shri Vijay Kumar Sahu, Aged About 19
Years R/o M/350, Pump House, S E C L Colony, Korba, Distt.
Korba, Chhattisgarh, Chhattisgarh
2. Avinash Joshi, S/o Shri Chandra Shekhar Joshi, Aged About 22
Years R/o Behind Housing Board Colony, Shanti Nagar, Balco,
Korba, Distt. Korba, Chhattisgarh, District : Korba, Chhattisgarh
3. Naina Dwivedi, D/o Shri Rajesh Kumar Dwivedi, Aged About 21
Years R/o Behind Housing Board Colony, Shanti Nagar, Balco,
Korba, Distt. Korba, Chhattisgarh, District : Korba, Chhattisgarh
4. Dushyant Rathore, S/o Shri A. K. Rathore, Aged About 21 Years R/
o Qtr. No. 411/ B/1, Balco Nagar, Korba, Distt. Korba,
Chhattisgarh, District : Korba, Chhattisgarh
---- Petitioners
Versus
1. State of Chhattisgarh Through Secretary, Technical Education,
Janshakti Niyojan, Science And Technology Department,
Mahanadi Mantralaya, Naya Raipur, Chhattisgarh, Chhattisgarh
2. Director, Technical Education, Mantralaya, Sanchanalaya, Raipur,
Chhattisgarh, District : Raipur, Chhattisgarh
3. Chhattisgarh Swami Vivekanand Technical University, Through
Registrar, Durg, Distt. Durg, Chhattisgarh, District : Durg,
Chhattisgarh
4. Admission And Fee Regulatory Committee A Statutory Body
Constituted Under Chhattisgarh Niji Vyavasayik Shikshan Sanstha
Pravesh Ka Viniyaman Avam Shulk Ka Nirdharan Act, 2008
Through Chair Person, Government Girls Polytechnic Premises,
Bairan Bazar, Raipur, Chhattisgarh, District : Raipur, Chhattisgarh
5. Institute of Technology, A Government Authonomous College
Through Principal, Balco- Urga Ring Road, Village Jhagarha, Post
Risdi, Korba, Distt. Korba, Chhattisgarh, District : Korba,
Chhattisgarh
---- Respondents
(Cause-title taken from Case Information System)
For Petitioners : Mr. Sanjay Patel, Advocate
in WPC No.1315 of 2015 and 1616 of 2015
For Petitioners : Mr. Kshitij Sharma, Advocate
In WPC No.662 of 2016
For Respondents/State : Mr. Gagan Tiwari, Dy. Government Advocate
For Respondent : Mr. B.D. Guru, Advocate
Institute of Technology
Date of hearing : 07.04.2022
Date of Judgment : 12.05.2022
Hon'ble Shri Arup Kumar Goswami, Chief Justice
Hon'ble Shri Gautam Chourdiya, Judge
CAV Order
Per Arup Kumar Goswami, Chief Justice
Heard Mr. Sanjay Patel, learned counsel for the petitioners in WPC
Nos.1315 of 2015 & 1616 of 2015 and Mr. Kshitij Shrama, learned
counsel for the petitioners in WPC No.662 of 2016. Also heard Mr.
Gagan Tiwari, learned Deputy Government Advocate, appearing for the
respondents No.1,2 & 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) & 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 &
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. Section 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 Section 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 & AIEEE, were admitted in the seats meant for
management quota. It is stated that admission was given on the basis
of the decision and approval of the Board of Governors consisting of the
Hon'ble Minister, Department of Technical Education, who is the
Chairman, Hon'ble District Incharge Minister, Government of
Chhattisgarh, Member of Legislative Assembly, Korba, Secretary,
Department of Technical Education, Director, Technical Education,
Collector, Korba, AICTE, Regional Officer, Bhopal. It is stated that an
interim policy regulation was published by the AICTE by way of a
gazette notification dated 20.03.2003. The AICTE issued the guidelines
providing that the private unaided institutions may fill up the
management seats by having their own counselling in an objective and
transparent manner taking the students from same merit list prepared on
the basis of Joint Entrance Test / Common Entrance Test of Central /
State Government. A meeting of the Committee was convened on
17.07.2007 under the Chairmanship of Additional Chief Secretary,
Government of Chhattisgarh, in which it was decided that the provision
for reservation of seats for the children of employees of the Industries
who were granting aid to the Institute should be made for taking
admission to B.E. course of Institute of Technology, Korba. Pursuant to
the said decision, the management quota had been provided at 15%. It
is on the basis of said decision, admission was granted to the students
for B.E. course under management quota and the procedure adopted
was never objected to by the University. It is further stated that no
objection has been raised by any of the students stating that because of
keeping management quota seats for the participating Industries, he or
she was deprived of getting admission. It is further stated that several
seats meant for general quota remained vacant in Institute of
Technology, Korba in every year. It is specifically stated that in the year
2014, the Institute of Technology, Korba has surrendered the seats
meant for management quota for allotment of seats through the State
level online counselling.
7. In WPC No.1315 of 2015, respondents No.1, 2 and 4 i.e. the State
has filed reply merely stating that the impugned order was passed in
accordance with law and as such, they refrain from commenting on it.
8. Respondent No.3 in WPC No.1315 of 2015 has filed reply stating
that it is a formal party and reserved its right to file any detailed reply, if
necessary.
09. Pursuant to the order of this Court dated 16.11.2015, respondent
No.5 had filed an affidavit in WPC No.1315 of 2015 stating, amongst
others, that the petitioners had been recommended by LANCO
Amarkanta Power Limited, South Eastern Coalfields Limited ('SECL'),
Chhattisgarh State Electricity Board ('CSEB'), Prakash Industries Limited
and National Thermal Power Corporation ('NTPC') for admission under
management quota. It is also stated that the petitioners who were
granted admission under management quota would have got admission
from open category without availing the benefit of management quota
because of their better ranks in CGPET & AIEEE.
10. In compliance of order dated 23.08.2016 in WPC No.1315 of 2015,
another affidavit was filed by respondent No.5, in which it is stated that
Institute of Technology is an un-aided private Engineering college and
for the establishment of the college, 50 acres of Government land had
been allotted by the State Government. The infrastructure of college was
being developed with the aid of Industries, such as SECL, BALCO
(Sterlite), NTPC, CSEB, LANCO and Prakash Industries Limited, etc. It
is stated that out of 240 seats in 4 branches comprising Civil, Computer
Science & Engineering, Electrical & Electronics Engineering and
Mechanical Engineering, 36 seats are kept reserved for management
quota and since 2008-09, admissions in management quota were being
made on the basis of the said guidelines. The Industries who had
contributed to the establishment of Institute of Technology provided their
respective list of recommended candidates, who had participated in
CGPET & AIEEE and accordingly, admissions were granted in the
management quota on the basis of merit.
11. An additional return was filed by respondent No.3 in WPC No.1315
of 2015 stating that the petitioners were admitted to the Institute of
Technology as per the Admission Rules for B.E. 2012-13 framed by the
Director Technical Education, under which no authority has been given
to the University for regulating the admission. It is also stated that the
role of the University is confined to the grant of affiliation to the colleges,
enrollment of students for examination, holding examination, etc.
12. An additional reply was filed by respondents No.1 & 2 in WPC
No.1315 of 2015, in which it is stated that show cause notice was issued
to the students and 21 students had filed their reply till 30.03.2015 and
on 30.03.2015, the Committee resolved to issue further notices to the
students and Principal of Institute of Technology, Korba. On 15.04.2015,
22 students were present and they were heard and 3 students remained
absent. On 22.04.2015, 3 students appeared and they were heard. Out
of 29 students, 26 students filed their reply and thus, principles of natural
justice were complied with. It is stated that no advertisement was issued
for filling up the management quota and applications were not invited on
the basis of the merit list and that Rules of 2008 had not been followed
by the Institute of Technology.
13. The guidelines for nomination of candidates for filling of
management quota from PET / AIEEE dated 26.07.2008 reads as
follows :
"Guidelines for nomination of candidates for filling
of management quota from PET / AIEEE"
A formal meeting of representative from
participating industries was held on 26 th July 2008
at Korba in presence of Director, CG Technical
Education to discuss the procedure and
guidelines for allotment of seats of management
quota allotted to industries. NTPC, PIL and CSEB
officers were present in the meeting.
Few important points as outcome from
discussions during the meeting are listed below :
1/ Nomination of candidates should be strictly on
merit basis of only those candidates who have
valid score card of CGPET / AIEEE 2008.
2/ The nominee must have passed 10+2
examination with Physics, Chemistry and
Mathematics on the date of seat allotment.
3/ Nomination of candidates should not be more
than the seats allotted in various branches.
4/ The nominated candidates should be
instructed to bring their original documents for
verification at the time of admission along with a
D.D. of Rs.29550/- [Rs.25000/- Tution Fee +
Rs.4550/- Misc. Fee] drawn at any Nationalized
Bank in favour of "Principal, Institute of
Technology, Korba" payable at Korba.
5/ Important dates [for information] related to
central counselling organized at Raipur by
Director, CG Technical Education are as follows :
1. First round of CG PET and AIEEE counselling
will be completing on 02.08.2008.
2. Admission of selected candidates will take
place at college during 4th - 6th Aug'2008 and
classes will being on 7th Aug'2008.
3. Second round of counselling for CG PET seats
will begin around 3rd week of Aug'2008.
4. Last date for enrollment in Chhattisgarh
Swami Vivekanand Technical University
(CSVTU) is .0.2008."
14. Sub-sections (9) and (10) of Section 4 of the Act of 2008 are
relevnat for the purpose of these cases and as such, the same are
extracted herein-below :
"Section 4 - Constitution, composition,
disqualification and function of Committee.-
* * * *
* * * *
(9) The Committee may hear complaints with
regard to admission in contravention of the
provisions contained herein, collecting of
capitation fee or fee in excess of fee determined
or profiteering by any institution, and if the
Committee after enquiry finds that there has been
any violation of the provisions for admission on
the part of the unaided professional college or
institution, it shall make appropriate
recommendation for returning any excess amount
collected to the person concerned, and also
recommend to the Government for imposing a
fine upto rupees ten lakhs, and Government may
on receipt of such recommendation, fix the fine
and collect the same in the case of each such
violation or decide any other course of action as it
deem fit and the amount so fixed together with
interest thereon shall be recovered as if it is an
arrear of land revenue, and the committee may
also declare admission made in respect of any or
all seats in a particular college or institution to be
dehor merit and therefore invalid and
communicate the same to the concerned
university, and on the receipt of such
communication, the, University shall debar such
candidates from appearing in the examination and
cancel the results of examination already
appeared for.
(10) The Committee may, if satisfied that any
unaided professional college or institution has
violated any of the provision of this Act and after
approval of the State Government, recommend to
the University or appropriate authority for
withdrawal of the affiliation or recognition of such
college or institution or decide any other course of
action as it deems fit."
15. Chapter III of the Act of 2008 is under the heading of "Admissions".
Rule 5, 6 & 7 under Chapter III are quoted herein-below :
"5. The eligibility for admission to a private
unaided professional educational institution shall
be such as may be notified by the appropriate
authority.
6. In private unaided professional educational
Institution, admission to sanctioned intake shall be
on the basis of the common entrance test in such
manner as may be prescribed by the State
Government.
7. Every admission to private unaided
professional educational institution shall be made
in accordance with the provision of the rules made
thereunder and every admission made in
contravention thereof shall be void."
16. "Appropriate Authority" is defined under Section 3(a) of the Act of
2008 to mean a Central or State Authority established by the Central or
the State Government for laying down norms and conditions for ensuring
standards of professional education.
17. A perusal of the resolution dated 15.07.2015 of the Committee
goes to show that for the year 2012-13, 13 students admitted are sons
and daughters of the employees of industrial enterprises tied up with the
Institute and 10 students nominated by the industrial enterprises tied up
with the Institute, are said to be relatives of their employees and / or
having VIP reference. For the year 2013-14, 13 students admitted are
sons and daughters of the employees of industrial enterprise tied up with
the Institute and 12 students nominated by the industrial enterprise tied
up with the Institute, are said to be relatives of their employees and / or
having VIP reference.
18. The resolution of the Committee further goes to show that
pursuant to objection lodged by guardians of some of the students,
whose wards took admissions in Private Professional Engineering
Colleges of the State under management quota, in connection with non-
allotment of enrollment and roll number of their wards against
Chhattisgarh Swami Vivekanand Technical University, a resolution was
passed by the Committe on 14.12.2012 asking the Member (Law) to
obtain records from the Department / Colleges / Institutions and to
scrutinize as to whether admissions are made strictly in accordance with
the merit list or not, and to prepare a report for action, if any.
19. Pursuant to aforeasid decision, Member (Law) conducted an
enquiry and filed his report dated 16.10.2014 holding that admission
allowed by Institute of Technology, Korba under management quota was
not in accordance with law.
20. The Committee noted that the following two issues had emerged
for consideration :
"(a) Whether admissions given by Institute under
management quota in the academic sessions
2012-13 and 2013-14 dehors merits,
unconstitutional and also void ?
(b) Whether Institute did capitation and
profiteering ?"
21. With regard to issue No.(a), it was held that the Institute of
Technology, Korba has no right or discretion to adopt a source for
admission under management quota by reserving seats for tied up
Industries and to admit students on nomination made by those
Industries and such practice is neither permissble nor constitutional.
Accordingly, it was held that all the admissions made by the Institute
under management quota in the academic sessions 2012-13 and 2013-
14 are unconstitutional, dehors merit and also void.
22. With regard to issue No.(b), it was held that by preponderance of
probabilities, it is proved that management quota seats have been
permitted to be appropriated by payment of capitation fee and
accordingly, it was held that the Institute did capitation and profiteering.
23. It was further observed by the Committee as follows :
"Students admitted in 2008-09, 2009-10, 2010-11
and 2011-12 by the Institute under management
quota who have completed the degree course,
considering aforesaid complete discussions,
Chhattisgarh Swami Vivekanand Technical
University, as empowered under section 5, 36 and
Statute no.30 has power to withdraw the degree,
therefore may take steps for withdrawal of degree
of those students."
"We further resolve that against students admitted
in 2008-09, 2009-10, 2010-11 and 2011-12 by the
Institute under management quota who (if any)
have not completed the degree course, Director
Technical Education should take necessary steps
for suitable necessary action."
24. Although, the Committee was considering as to whether there was
any illegality of admissions given in academic sessions 2012-13 and
2013-14, the Committe submitted an adverse recommendation with
regard to the students of 2008-09, 2009-10, 2010-11 and 2011-12, who
had been admitted under management quota. Evidently, no notice was
issused to the students admitted in those years.
25. Notice issued by the Committee to the petitioners merely asked
the petitioners to show cause as to why the admission be not declared
against merit. The notice issued is bereft of material particulars and no
reasons had also been given as to why it is considered that the
admission of the petitioners is considered against merit. Admittedly, the
Member (Law) had submitted report on 16.10.2014. However, neither
the enquiry report nor the complaint on the basis of which the Member
(Law) was directed to conduct the enquiry had been furnished. The
consequences that may ensue upon issuance of show cause notice are
also not indicated.
26. Learned counsel for the petitioners placed reliance on the decision
of Hon'ble Supreme Court in case of Gorkha Security Services v. Govt.
of NCT of Delhi and Others, reported in (2014) 9 SCC 105, wherein in
paragraph-21, Hon'ble Supreme Court has stated as follows:
"21. The Central issue, however, pertains to the
requirement of stating the action which is
proposed to be taken. The fundamental purpose
behind the serving of Show Cause Notice is to
make the noticee understand the precise case set
up against him which he has to meet. This would
require the statement of imputations detailing out
the alleged breaches and defaults he has
committed, so that he gets an opportunity to rebut
the same. Another requirement, according to us,
is the nature of action which is proposed to be
taken for such a breach. That should also be
stated so that the noticee is able to point out that
proposed action is not warranted in the given
case, even if the defaults/ breaches complained of
are not satisfactorily explained. When it comes to
black listing, this requirement becomes all the
more imperative, having regard to the fact that it is
harshest possible action."
27. We are of the considered opinion that the show cause notice
issued in the instant cases did not meet the requirement of a valid show
cause notice.
28. That the petitioners had participated in the CGPET & AIEEE is not
in dispute. The Institute of Technology had also made an averment that
the petitioners would have otherwise been eligible to be admitted in
open category seats. This submission has not been controverted by the
State.
29. Even though the Act of 2008 did not envisage admission under
management quota, admissions were continued to be given under
management quota from 2008 onwards. Such admissions were granted
on being duly approved by the Board of Governors. It is in view of such
prevalent practice, the petitioners secured admission against
management quota. There is no finding that because of such admission
given to the petitioners, any meritorious candidate had been deprived of
taking admission in Institute of Technology, Korba. Rather, the return of
Institute of Technology, Korba indicates that many seats were lying
vacant in the open category. It appears that on the basis of guidelines,
the admissions were given under management quota and were
continued to be given unmindful of the fact that the Act of 2008 had
come into being. It is also relevant to remember that the Board of
Governors of Institute of Technology was consisting of high officials of
the Government of Chhattisgarh and the Chairman of the same is
Minister of Department of Technical Education.
30. WPC No.1315 of 2015 was registered before the Single Bench
and the learned Single Judge passed an interim order dated 20.08.2015
to the following effect :
"Shri Sanjay Patel, counsel for the petitioners.
Shri S.C. Khakhariya, Dy. A.G. For the State.
Shri Rajeev Shrivastava and Shri Malay
Shrivastava,counsel for respondent No. 3.
Shri Rajendra Tripathi, counsel for respondent
No.5.
Learned counsel for the respondents prays for
time to file reply.
Learned counsel for the petitioners submits
that Hamdast notice served to respondent No. 4,
which is on record. He further submits that the
students who are the petitioners herein though
they have prosecuted the studies in the year
2012-13 and were admitted to B.E. Course and
after such order of cancellation they have not
attended the classes.
In view of the fact, the petitioners are students
and reply is awaited. The respondent No. 5 may
consider sympathetically on humanitarian ground
and allow the petitioners to pursue their study
irrespective of their admission so that their
imparting education may not be hampered.
Certified copy as per rules."
31. In WPC No.1616 of 2015, by an order dated 11.09.2015, Division
Bench had passed an interim order permitting the petitioners to attend
the classes and appear at examinations, if any, during pendency of the
writ petition considering the fact that the petitioners had completed three
years of the five year's course and were in the fourth year.
32. In WPC No.662 of 2016, Division Bench had passed the following
order on 15.03.2016 :
"Shri Vivek Chopda, Advocate for the
Petitioners.
Shri UNS Deo, Government Advocate for the
State/Respondents No. 1 and 2.
Shri Rajeev Shrivastava, Advocate for
Respondent No. 3.
Shri Sachin Singh Rajput, Advocate for
Respondent No. 6.
Learned Counsel for the Petitioners submits
that they are still attending classes upto date
regularly and have not been deprived of the same
by virtue of the impugned order.
As prayed, list after one week for filing
supplementary affidavit making that specific
assertion of fact supported by necessary
documentary evidence."
33. It appears that on the basis of interim order dated 20.08.2015
passed in WPC No.1315 of 2015, the petitioners therein and similarly
situated students were allowed to pursue their B.E. course and it is
stated at the bar that the petitioners have completed their B.E. course
and had passed out.
34. Though some argument is sought to be advanced by the
petitioners that the Institute of Technology, Korba is not a private
professional educational institution, and as such, the Act of 2008 is not
applicable to Institute of Technology, the Institute of Technology, in its
return, clearly stated that it is an un-aided private professional
educational institution.
35. In view of such sequence of events and continuous practice which,
of course, is not sanctioned by law, the petitioners opted to take
admission under management quota in Institute of Technology, Korba.
The petitioners cannot be held wholly responsible for taking admission
illegally. 7/8 years have gone by since they had completed their B.E.
course. This Court also, by way of interim order dated 20.08.2015
passed in WPC No.1315 of 2015, had asked the respondent No.5 to
allow the petitioners therein to pursue their studies. Therefore, we are of
the considered opinion that, at this juncture, it will be inequitable and
unjust to cancel their admission. We are persuaded to take this view as
not one instance had been brought to our notice that a meritorious
candidate could not secure admission because of admissions granted to
the petitioners.
36. In view of the above discussion, the impugned resolution dated
15.07.2015 and communication dated 17.07.2015 are set aside and
quashed. The writ petitions are allowed. No cost.
Sd/- Sd/-
(Arup Kumar Goswami) (Gautam Chourdiya)
Chief Justice Judge
Anu
