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2007 DIGILAW 2086 (PNJ)

Anuj Hooda v. State Of Haryana

2007-11-29

ADARSH KUMAR GOEL, AJAI LAMBA

body2007
Judgment , J. 1. This petition seeks quashing of order dated 23.11.2007, Annexure P.2 and other identical orders passed against the petitioners, cancelling admissions given to them without merit under "industry Sponsored Seats". 2. Case of the petitioners is that admission was given to them to MBA course on sponsorship by various industries and the same could not be cancelled. The impugned order refers to some order passed in CWP No. 13450 of 2007 [Parul Sroya v. Kurukshetra University and another).] 3. Contention raised on behalf of the petitioners is that once the petitioners were given admissions, the same could not be cancelled. 4. We do not find any merit in the contention raised. It is well-settled that admissions cannot be given merely on the basis of sponsorship irrespective of merit, as bold by the Honble Supreme Court in PA Inamdar and others v. State of Maharashtra and others, AIR 2005 SC 3226; 2005(5) SLR 409 (SC]. Such admissions are clearly void ab initio and no person can be allowed to perpetuate benefit illegally taken. Reference may, also be made to orders passed by this Court in CWP No. 9495 of 2007, 2007(6) SLR 398, (Sukhmeet Kaur Deol and others v. State of Punjab and others) decided on 10.10.2007, to the effect that merit and transparency in admissions in professional colleges could not be compromised. No person can claim any right to retain benefits of illegal gains against public policy, as held by the Honble Supreme Court in M.I. Builders Pvt. Ltd. v. Radhey shyam Sahu, AIR 1999 SC 2468, Delhi Development Authority v. Skipper Construction Private Limited and another, (1996)4 SCC 622 : [1995(8) SLR 221 (SC] and Gurdeep Singh v. State or J&K, 1995 Supp (I) SCC 188. 5. Further contention that illegal admissions given in NRI quota were allowed to continue by the Honble Supreme Court in its order dated 17.9.2007, Annexure P.10, can also not be accepted. The said order itself makes it clear that the same will not he treated as a precedent for other cases. 6. As regards order passed in CWP No. 13450 of 2007, referred to in the impugned order, it was found therein that the concept of Industry Sponsored seats was contrary to law laid down by the Honble Supreme Court in PA Inamdar (supra) and the Vice Chancellor was required to justify such admissions. 6. As regards order passed in CWP No. 13450 of 2007, referred to in the impugned order, it was found therein that the concept of Industry Sponsored seats was contrary to law laid down by the Honble Supreme Court in PA Inamdar (supra) and the Vice Chancellor was required to justify such admissions. The Vice Chancellor undertook to take remedial steps in accordance with law. Subsequently, an affidavit was also tiled in the matter and the said case stands adjourned to 3.12.2007. 7. In view of the above, the petition is dismissed.