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2012 DIGILAW 331 (ORI)

Pritam Bag v. Joint Secretary, AIEEE

2012-08-01

SANJU PANDA

body2012
JUDGMENT S. PANDA, J. Since common questions are involved in both the writ petitions, they were heard together and are being disposed of by this common order. 2. Petitioner Nos. 1 and 2 who are the candidates and petitioner No. 3 who is the uncle of the candidate, namely, Lal Bihari Panigrahi in WP (C) No. 11048 of 2012 and the petitioner, who is, the father of the candidate, namely, Sibani Padhi, in WP (C) No. 12934 of 2012 have challenged the arbitrariness/gross irregularities done in allotment policy for Home State Quota (in short, "HSQ") in All India Engineering Entrance Examination, 2012 (hereinafter referred t9 as "The AIEEE, 2012") by the Central Counselling Board, 2012 for National Institute of Technology, Rourkela. 3. The Government of India vide Resolution dated 18th October, 2001 has laid down a Three Exam Scheme (JEE, AIEEE at the National Level and the State Level Engineering Entrance Examinations (SLEEE) for State Level Institutions for admission to Engineering and Architecture/ Planning Programmes with an option to join AIEEE. It takes care of varying admission standards in these programmes and helps in maintenance of professional standards. It also solves problems of overlaps and reduces physical, mental and financial burden on students and their parents due to multiplicity of entrance examinations. The eleventh AIEEE Entrance Examination was held on 29.4.2012. Approximately, 34, 311 seats for BE/B.Tech & 1070 seats. for B.Arch/B.Planning in various institutions, namely, National Institutes of Technology, IIITs, Deemed Universities, Technical Institutions, Delhi Technological University, Delhi and others Government funded Institutions were offered through this examination. The Government of India through Ministry of Human Resource Development Deptt. of Higher Secondary vide office memorandum dated 12.1.2011 reconstituted the Central Counselling Board (in short, 'CCB') for All India Engineering/Architecture Entrance Examination. The AIEEE, 2012 in its website, namely, www.aieee.nic.in published the prospectus for All India Engineering/Architecture Entrance Examination, 2012. Accordingly, the petitioners and their wards registered themselves along with thousand of such other students for appearing in the All India Engineering/Architecture Entrance Examination, 2012. The entire admission process consists of four steps which are follows: “Step-I Online registration: In this process, candidates eligible for central counselling should register themselves for online counselling in the CCB website from June, 16 to 25, 2012 from places convenient to them. Spot Round registrations can be done during August, 36, 2012. The entire admission process consists of four steps which are follows: “Step-I Online registration: In this process, candidates eligible for central counselling should register themselves for online counselling in the CCB website from June, 16 to 25, 2012 from places convenient to them. Spot Round registrations can be done during August, 36, 2012. Step-II Online choice filling and locking of choices: After registration, candidates will be able to exercise their branch/institute choices on the CCB website using Internet during June 16-25, 2012 from places convenient to them. Step-III Online Seat Allotment and personally reporting to a Reporting Centre: Candidates will be offered seats based on their choices in the order of merit (AIEEE All India rank) over multiple rounds of allotment. Candidates who are allotted a seat (i.e., offered admission) will report to anyone of the 'Reporting Centers' during the time frames specified, get the documents verified and pay the initial fee to mark their acceptance of the offer to seat and exercise upgrade options, if required. They will also be issued a provisional admission letter. Step-IV Getting Admitted to Allotted Institute: Candidates are required to be physically present at the Institute where the candidate is getting admitted (hereinafter called 'Allotted Institute') after verification of all original documents as per the procedure of the allotted institute. For most of the candidates, the entire admission process is over at this stage. Spot Admission For the seats left vacant after the four rounds of counselling process, there shall be spot admission, when intending candidates are required to be physically present at a Reporting Centre, register, fill up fresh choices, pay fees and if offered a seat, be admitted as described in Section 4.6 in the Information Brochure." On 29.4.2012, opposite party No. 2 published an information leaflet for the students appearing for the AIEEE, 2012 wherein it has been clarified the tentative admission schedule, the process of counselling that is to be adopted as reveals from Annexure-3. Accordingly, the petitioners appeared the AIEEE Entrance Examination, 2012 on 29.4.2012 and the results were declared in which two separate ran lists were published, i.e., All India Rank and State Rank for each of the students appearing the test. 4. Accordingly, the petitioners appeared the AIEEE Entrance Examination, 2012 on 29.4.2012 and the results were declared in which two separate ran lists were published, i.e., All India Rank and State Rank for each of the students appearing the test. 4. While the matter stood thus, it is alleged by the petitioners that opposite party No. 2 with an ulterior motive published the Information Brochure for AIEEE, 2012 on 15.6.2012 in its website indicating therein that the counselling will commence from 16.5.2012 and changed the reservation policy for the State Quota for AIEEE, 2012. 5. For better appreciation, the said changed reservation policy reflected in Clause 3.3.1 is extracted below: "3.3.1 Allotment Policy for Home State Quota (HSQ), Other States Quota (OSQ) and All India Quota (AIQ). (A) For NITs [Home State (HS), Other States (OS)] Allotment of seat will be made based on a candidate's AIR and his/her choices. A candidate belonging to a reserved category will be first considered for Open seats in terms of merit. If s/he does not get a seat under Open category, then s/he will be considered for the seats reserved for the category s/he belongs. A candidate who is offered a seat under SC/ST/OBC category and/or PH subcategory shall be considered for allotment in OP category in subsequent rounds subject to eligibility and availability of vacant seats. However, the other State Quota Seats in an Institute shall be available only to candidate from other States, Home State candidates being forbidden from these seats. This process is repeated till an allotment is made or the choices are exhausted. (B) For all Participating• Institutes except NITs [All India Quota (AIQ)] A candidate, based on AIR and his/her choices, will be considered for allotment of seat under All India quota. This process is repeated till an allotment is made or the choices are exhausted." 6. It is submitted by the learned counsel for the petitioners that the selection process was started, the candidate appeared the entrance test since 29.4.2012 and their results were also published. It is further submitted that the aforesaid changed policy adopted by opposite party No. 2 was never introduced before; rather in the previous year, i.e., AIEEE, 2011. 7. It is submitted by the learned counsel for the petitioners that the selection process was started, the candidate appeared the entrance test since 29.4.2012 and their results were also published. It is further submitted that the aforesaid changed policy adopted by opposite party No. 2 was never introduced before; rather in the previous year, i.e., AIEEE, 2011. 7. For better appreciation, the policy adopted by the CCB in the previous year of AIEEE, 2011 is quoted below: "3.3.1 Allotment Policy for All India (AI), Home State (HS) Quotas, A candidate, based on AIR and his/her choices, will be first considered for allotment under All India Quota. If the choice is not available under All India Quota, he/she will be considered for Home State Quota or the category specific quota, as available, This process is repeated till an allotment is made or the choices are exhausted. A candidate who is offered a branch in an institute under the Home State Quota will be considered for the same branch and institute but under All India Quota in subsequent rounds subject to availability of vacant seats, Similarly, a candidate who is offered under SC/STE/OBC category and/or PH sub-category shall be considered for allotment in OP category in subsequent rounds subject to eligibility and availability of vacant seats," 8. It is submitted that as per the policy of CCB, 2011, it was to consider a candidate for Home State Quota under the All India Quota 'till All India Quota was exhausted. The candidates were then considered against Home State Quota, However, the changed policy of 2012 for the last time was introduced just a day before the counselling only to surprise the candidates. The candidates from the State of Odisha are highly prejudiced as their chances to get a seat became bleak as they are being forbidden to be selected in the seats reserved for other State quota. It is further submitted that as per the policy, no candidates from the State of Odisha shall be eligible for the seats reserved for other State Quota Seats and the other State Quota Seats in an Institute shall be available only to candidates from other States. The said policy was never mentioned in the prospectus, information leaflet nor in the tentative admission schedule. The said policy was never mentioned in the prospectus, information leaflet nor in the tentative admission schedule. Since the same was introduced during the process of selection changing the criteria of selection for admission to AIEEE, the said Clause 3.3.1 of the Information Brochure for AIEEE published on 15.6.2012 is liable to be quashed. 9. "A counter affidavit has been filed by opposite party no. 2 taking a stand that the new policy (which, in fact, has inherited its essential features from the admission process followed by RECs for nearly five decades) which the petitioners have challenged was incorporated in Clause 3.3.1 (A), of the CCB Information Brochure, 2012. However, no supporting document has been filed by opposite parties for the same. 10. Another additional affidavit was filed by opposite party No. 2 before this Court on 30.7.2012 taking another stand that office memorandum dated 11th February, 2003 issued to all NITs, and Chairman; CBSE states that admission to undergraduate programmes in Engineering, Pharmacy and Architecture for all seats in NITs and RECs shall be made on the basis of AIEEE rank to be conducted by the CBSE. Another office memorandum issued on 21st February, 2003 states that a Central Counselling Board (CCB) has been constituted for conducting counselling and allocation of seats. CCB would be specifically responsible for: "Finalization of counselling procedure and schedule; Finalization of counselling centers and making necessary arrangements at the counselling centers; Printing of brochure-cum-forms. Creation and maintenance of website; Laying down procedure for verification of certificates and credentials'. Coordinate with concerned agencies counselling against State/UT quota of seats and Any other Tanks related to counselling and allocation of seats against All India Quota. For the purpose, above, CCB shall abide by the directions of the Central Government, if any, and be advised by a Committee having members from all participating deemed universities and participating states and UTs." Accordingly, CCB decided for counselling and seat allotment policy only for the institutes subscribing to it and publishing the same in the Information Brochure in their website for benefit of the candidates. In the current year, CCB published the first version of the Information Brochure on 28th May, 2012. In the current year, CCB published the first version of the Information Brochure on 28th May, 2012. As per minutes, the 2nd meeting of the Council of the National Institutes of Technology was held at 10.30 A.M. on 28th June, 2011 at India Habitat Centre, Lodhi Road, New Delhi, Vide Annexure-C. It appears from Item No. 2.2.0 that it was resolved that in order to maintain the national character of the NITs, the seats of all India quota in the NITs (i.e. 50% of the seats of NITs) is made available only to students from outside the Home State. In view of the said decision, Clause 3.3.1 was incorporated in the Information Brochure. 11. Learned counsel for the opposite parties fairly admitted that the selection criteria were changed after the selection process started. 12. On a plain reading of the above contention of the parties and the provisions, it appears that the opposite parties have introduced Clause 3.3.1 of the Information Brochure on 15.6.2012 which reveals allotment policy for three category of candidates i.e. for Home State Quota (HSQ), Other States Quota (AIQ) and All India Quota (AIQ). In the said clause, they have specifically stated that "However, the other State Quota Seats in an Institute shall be available only to candidates from other States, Home State Candidates being forbidden from these seats. This process is repeated till an allotment is made or the choices are exhausted." 13. The petitioners in this writ petitions are candidates under "Home State Quota" even though they have got higher rank but are not able to get admission in the Home State Quota as per their options. However, a less meritorious candidate will take admission under the Other States Quota and nowhere this concept of three categories of candidates, i.e., Home State Quota, Other States Quota and All India Quota are defined. It is understandable that a Home State Quota is referring to a candidate who is residing/ domicile of a State where institution is situated. All India Quota means, rest of the States of the country including the State where the institution situates. If All India Quota is there, then what for again other State candidates will come and how their ranks will be considered. All India Quota means, rest of the States of the country including the State where the institution situates. If All India Quota is there, then what for again other State candidates will come and how their ranks will be considered. The policy of the opposite parties since 2003 as stated by the petitioners as well as the opposite parties have categorized only two types of candidates i.e. All India Candidates and Home State Candidates. There is no other categories of candidates introduced in Clause 3.3.1 of the Information Brochure, 2012 which was introduced after the selection process started. 14. In a decision reported in (2012) 1 SCC 177 , Parmender Kumar and others v. State of Haryana and others, the apex Court considering the evaluation procedure for admission and the conditions invited in the prospectus held that conditions cannot be changed after declaration of the results and preparation of select list as the appellants had already shown their competence in written test and therefore revised eligibility conditions could not be applied to them on the pretext of upholding standards of education. Once the process of selection of candidates for admission to the courses had been commenced on the basis of the prospectus, no change could, thereafter, be effected by government orders to alter the provisions contained in the prospectus. It is open to the authorities to alter the terms and conditions just a day before counselling was to begin, so as to deny the candidates, who had already been selected. 15. In a decision reported in (2000) 9 SCC 115 , Rajiv Kapoor and others v. State of Haryana and others, the apex Court has held that the authorities would do well in future to publish at the beginning of every academic year, even before inviting applications, a compendium of the entire scheme and basis for selection carrying out amendments up-to-date and the prospectus also specifically adopting them as part of the prospectus, to avoid confusion in the matter of selections, every year. 16. 16. In view of the above settled position of law, this Court quashes Clause 3.3.1 of the Information Brochure issued on 15th June, 2012 by opposite party No.2 and directs him to admit the petitioners and their wards as per their ranks taking into consideration the All India quota and Home State Quota only, It is open to the opposite parties to fix the criteria before the selection process started in the subsequent year. With the above directions, the writ petitions are disposed of No costs. Petitions disposed of.