Research › Browse › Judgment

Supreme Court of India · body

2004 DIGILAW 1162 (SC)

EDUCATE INDIA SOCIETY v. State Of HaryanaS

2004-09-06

B.P.SINGH, Y.K.SABHARWAL

body2004
ORDER 1. THE POINTS RAISED IN THE PETITION DESERVE CONSIDERATION. WE GRANT LEAVE AND DIRECT THAT THESE MATTERS BE ALSO REFERRED TO A LARGER BENCH AND TAGGED WITH THE MATTERS WHERE ORDERS HAVE ALREADY BEEN PASSED FOR REFERENCE TO A LARGER BENCH. 2. PRESENTLY, THE QUESTION IS ABOUT THE INTERIM ORDERS TO BE PASSED CONCERNING ADMISSION IN ENGINEERING COLLEGES IN THE STATE OF HARYANA INSOFAR AS FILLING UP OF MANAGEMENT QUOTA SEATS ARE CONCERNED. THE HIGH COURT BY THE IMPUGNED JUDGMENT HAS DISMISSED THE WRIT PETITIONS CHALLENGING THE GUIDELINES ISSUED BY THE STATE GOVERNMENT WHICH HAS THE EFFECT OF GRANTING ADMISSION TO THE AFORESAID SEATS ON THE BASIS OF MERIT TO BE DETERMINED AS PER THE STATE TEST I.E. CEEET 2004. THE PETITIONERS SEEK TO FILL THE MANAGEMENT QUOTA SEATS ON THE BASIS OF MERIT DETERMINED IN ALL-INDIA ENGINEERING ENTRANCE EXAMINATION (AIEEE) CONDUCTED BY THE CENTRAL BOARD OF SECONDARY EDUCATION. WE HAVE PERUSED THE JUDGMENT IN THE CASE OF T.M.A. PAIL AS ALSO THE JUDGMENT IN THE CASE OF ISLAMIC ACADEMY OF EDUCATION V. STATE OF KARNATAKA2 IN PARTICULAR PARA 16 THEREOF. THE BASIC PRINCIPLE TO BE KEPT IN VIEW IS THAT THE ADMISSIONS SHOULD BE ON MERIT ALONE. THE PRINCIPLE OF MERIT SHOULD NOT BE DISCARDED. PRIMA FACIE, WE ARE UNABLE TO ACCEPT THE CONTENTION URGED STRENUOUSLY ON BEHALF OF THE STATE GOVERNMENT THAT PARA 16 OF ISLAMIC ACADEMY CASE2 EXCLUDES THE GRANT OF ADMISSION IN RESPECT OF SEATS IN QUESTION ON DETERMINATION OF MERIT BY RESORT TO AIEEE. FURTHER, AGAIN PRIMA FACIE, THE QUESTION HAS TO BE EXAMINED ALSO KEEPING IN VIEW THE ASPECT OF AUTONOMY OF THE PRIVATE COLLEGES AS EXAMINED IN T.M.A. PAI CASE1. IN THIS VIEW, WE PERMIT THE PETITIONER TO FILL UP MANAGEMENT QUOTA SEATS ON THE BASIS OF MERIT DETERMINED AS PER AIEEE. WE, HOWEVER, WISH TO MAKE IT CLEAR THAT NEITHER ADMISSIONS ALREADY GRANTED NOR COUNSELLING ALREADY CONDUCTED WOULD BE OPENED AND/OR DISTURBED EVEN IN RESPECT OF MANAGEMENT QUOTA SEATS BY THE MANAGEMENT UNDER THE AID OF THIS ORDER. COURT MASTERS