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2022 DIGILAW 2578 (RAJ)

Sunrise Group of Institution, Udaipur v. All India Council for Technical Education, New Delhi

2022-10-12

KULDEEP MATHUR, SANDEEP MEHTA

body2022
ORDER : 1. The instant intra-court appeal is directed against the judgment/final order dated 15.02.2022 passed by learned Single Bench of this Court rejecting the writ petition preferred by the petitioner with the following prayers: “It is therefore, respectfully prayed that this petition for writ in the nature of mandamus may kindly be allowed and by any other appropriate writ, order of direction: (1) The respondents may kindly be directed to grant enrolment number to 44 students, as specified in the list submitted by the petitioner vide Annex.3 and permit them to undertake the examination of B.Tech Course (1st year) for the academic session 2016. (2) Any other appropriate order or direction, which this Hon’ble Court deems fit and proper, may kindly be passed in favour of the petitioner.” 2. We have heard and considered the submissions advanced by the learned senior counsel Shri Vikas Balia assisted by Shri Ankur Mathur, Advocate and have gone through the impugned order and the material placed on record. 3. The controversy involved in this writ petition pertains to suo-moto admission offered by the petitioner Institution to 44 students in the undergraduate programme of bachelors degree in discipline of engineering (BE/B.Tech) under the management quota. The petitioner Institution relies upon a communication dated 28.08.2015 filed as Annexure-2 with the writ petition for giving admission to the students in the Engineering Degree Courses in 2016-17 Session. It may be stated here that in the relevant year, admission to the technical education courses was mandatorily required to be done from amongst the students who had cleared the Rajasthan Engineering Admission Process (‘REAP’) Examination. As the petitioner granted admission to the students on its own under the management quota without any approval and without ensuring that they had not cleared the REAP Examination, the students were not enrolled by the Rajasthan Technical University, Kota. Thereupon, the petitioner filed the abovementioned writ petition. 4. As the petitioner granted admission to the students on its own under the management quota without any approval and without ensuring that they had not cleared the REAP Examination, the students were not enrolled by the Rajasthan Technical University, Kota. Thereupon, the petitioner filed the abovementioned writ petition. 4. On 19.11.2016, while entertaining the S.B. writ petition, following interim order was passed: “By way of this writ petition, the petitioner institution has approached this Court raising a grievance that 44 students who were admitted by the petitioner on its own on the basis of percentile obtained by the students, acting in furtherance of the communication dated 28.8.2015 issued by the Technical Education department, have not been enrolled by the respondent Rajasthan Technical University, Kota and thus, these students are being deprived of filling the examination forms, for the acceptance whereof, last date has been declared as 21.11.2016. Learned counsel for the petitioner submits that the examination forms are to be forwarded by the petitioner online and as, the enrollment numbers have not been allotted to these 44 students, their forms are not being accepted. The matter requires consideration. Issue notice to the respondents returnable on 14.12.2016. In view of the facts and circumstances narrated above, the petitioner institution is provisionally and without creating any equities either in its favour or in favour of the concerned students, permitted to forward offline examination forms of these 44 students to the Rajasthan Technical University, Kota who shall accept such forms conditionally.” 5. It is claimed that under this ex-parte interim stay order, 44 students have undergone the entire degree course in the petitioner Institution. 6. Reply to the writ petition was filed by the respondent No. 2 Rajasthan Technical University, Kota wherein, a pertinent objection was raised that the entire process of allotment to the technical courses was being undertaken as per the direction issued by the Hon’ble Apex Court vide judgment dated 13.12.2012 passed in the case of Parshavanath Charitable Trust and Others vs. All India Council for Technical Education and Others (Civil Appeal No. 9048/2012). The Rajasthan Technical University, Kota published the schedule for REAP-2016 and the entire process of allotment of seats in the relevant session has been done through a computerized programme from amongst the students who qualified under the REAP-2016. The Rajasthan Technical University, Kota published the schedule for REAP-2016 and the entire process of allotment of seats in the relevant session has been done through a computerized programme from amongst the students who qualified under the REAP-2016. The action of the petitioner Institution in giving admission to the students without adverting to the guidelines for REAP-2016 was branded to be totally unauthorized and illegal. Pertinent pleadings at Para-2 of the reply in this regard read as below: “2. That in pursuance thereof, the answering respondent-University issued an admission notice and invited online applications from eligible candidates for registration and choice filling in the Rajasthan Engineering Admission Process (REAP)-2016 for admission to I year under graduate programme of bachelors degree in different disciplines of Engineering (B.Tech/B.E.) in various Government aided and private unaided technical institutions of the Rajasthan for the Sessions 2016-17 from 1st June, 2016. The petitioner-Institution was not at all authorized or competent to provided direct admission to any student who has not participated in the REAP-2016 process. But despite that the petitioner-institution in the garb of the letter dated 28.08.2015 has provided direct admission to as many as 44 students in the engineering programs, which is in clear cut violation of the Supreme Court’s directives as well as contrary to the guidelines issued by State Government/REAP-2016.” 7. The petitioner-appellant failed to controvert the said pleading made in the reply filed on behalf of the respondent Rajasthan Technical University as neither any rejoinder nor any counter affidavit was filed on its behalf. The writ petition ultimately came to be rejected by learned Single Bench vide judgment dated 15.02.2022, which is assailed in this appeal. 8. Having heard and considered the submissions advanced by learned counsel for the appellant and after going through the impugned order and the documents placed on record, we are in conformity with the view expressed by the learned Single Bench that the appellant Institution was not having any lawful authority whatsoever to give suo-moto admissions in the undergraduate programme of bachelors degree in a discipline of Engineering (B.Tech/B.E.). All such admissions were granted by the Institution at its own risk and peril contrary to the mandatory admission guidelines and cannot be given legal sanction by this Court. The petitioner failed to present any document justifying its decision to fill in the vacant seats from amongst the students who did not appear in the REAP-2016. All such admissions were granted by the Institution at its own risk and peril contrary to the mandatory admission guidelines and cannot be given legal sanction by this Court. The petitioner failed to present any document justifying its decision to fill in the vacant seats from amongst the students who did not appear in the REAP-2016. As a matter of fact, we feel that the appellant, while giving admission to the students and in trying to invoke the extra-ordinary writ jurisdiction of this Court to justify its action has played blatant fraud. 9. During the entire period of pendency of the writ petition for almost six years, not a single affidavit of any of the 44 students was filed on record to show that any such admissions were actually given or that the students undertook the course in the petitioner Institution. No material has been placed on record to show that the students for whose protection the writ petition was filed, ever studied in the Institution or appeared in examinations held for the academic sessions. 10. The view taken by the learned Single Bench while observing that merely because the students were permitted to pursue the course and their number of years would have been wasted, that fact by itself would not be sufficient to persuade the Court to exercise its extra-ordinary writ jurisdiction is absolutely just and legal. The appellant Institution having played fraud upon the students as well as having acted in gross contravention of the admission rules and judgment of Hon’ble the Supreme Court is liable to be heavily penalized for its arbitrary actions. Furthermore, the students who were illegally admitted by the Institution and who have allegedly completed their respective courses would be at liberty to take appropriate legal action (civil as well as criminal) against the petitioner Institution as well. 11. The impugned judgment is based on sound reasoning and does not warrant interference in this intra-court appeal. Accordingly, the appeal lacks merit and is dismissed as such with a cost of Rs. 50,000/-. The cost be deposited in the Registry within next thirty days and shall be appropriated in the funds of the Rajasthan State Legal Services Authority.