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I.K. Gujral Formerly Known As Punjab ... vs Punjab Technical University ... on 6 February, 2018

Bench: Arun Mishra, Amitava Roy

                                                     1


                                    IN THE SUPREME COURT OF INDIA
                                    CIVIL APPELLATE        JURISDICTION

                                 CIVIL APPEAL No(s).         8805   OF 2016

     I.K. GUJRAL PUNJAB TECHNICAL UNIVERSITY                        Appellant(s)
     JALANDHAR (FORMERLY KNOWN AS PTU
     JALANDHAR)
                                      VERSUS

     CONTINENTAL INSTITUTE OF ENGINEERING                       Respondent(s)


                                                 WITH

                                    C.A. Nos. 8821-8823 of 2016


                                                 O R D E R

Heard learned counsel for the parties. Impleadment allowed.

The question involved in the present appeals is with respect to the validity of the provisions contained in Section 5(2) of the Maharaja Ranjit Singh Punjab Technical University Act, 2014 (hereinafter referred to as ‘the Act of 2014’). The said Section had been declared ultra vires by the High Court, hence the appeals have been preferred in this Court.

Digitally signed by NEELAM GULATI Date: 2018.02.12

The operation of the judgment of the High 16:10:06 IST Reason: Court was stayed by this court. However, the amendment has been made in Section 5(2) of the Act  2 of 2014 under the Maharaja Ranjit Singh Punjab Technical University (Second Amendment) Act, 2017 with effect from 17th January, 2018 to the following effect.

“(2) In the Maharaja Ranjit Singh Punjab Technical University Act, 2014(hereinafter referred to as the principal Act), in Section 5, for sub-section (2),the following sub-section shall be substituted, namely:-

“(2) Notwithstanding anything contained in any other law for the time being in force, one-time choice shall be given to the colleges which come under the territorial limits of the University to get themselves affiliated with the University of their choice i.e. either with the I.K. Gujral Punjab Technical University, Jalandhar or the Maharaja Ranjit Singh Punjab Technical University, Bathinda. Such one-time choice may be exercised by the concerned college within a period of six months from the date of publication of this Act. However, the new colleges, established within the territorial limits specified in sub-section (1), on or after the date of publication of this Act shall be affiliated with the Maharaja Ranjit Singh Punjab Technical University, Bathinda: Provided that all such students, who were admitted during the academic session 2015-16 in any college affiliated to the University, may exercise their option to study for any degree or diploma examination, with the I.K. Gujral  3 Punjab Technical University, Jalandhar by continuing to study in the existing college and in that case, the degree or diploma shall be awarded by the I.K. Gujral Punjab Technical University, Jalandhar.”.

Section 5(2) of the Act of 2014 as amended under the Maharaja Ranjit Singh Punjab Technical University (Second Amendment) Act, 2017, provides rights to the colleges which come under the territorial limits of the University to get themselves affiliated with the University of their choice i.e. either with the I.K. Gujral Punjab Technical University, Jalandhar or with the Maharaja Ranjit Singh Punjab Technical University, Bathinda, within the period of six months from the date of publication of the amended provisions. In view of the aforesaid, the dispute with respect to the colleges to get affiliation either under the I.K. Gujral Punjab Technical University, Jalandhar or under the Maharaja Ranjit Singh Punjab Technical University, Bathinda has become academic issue for the present. In the amended Section 5(2) proviso has been added under in Maharaja Ranjit Singh Punjab Technical University (Second Amendment) Act, 2017  4 for the students who are admitted during academic session 2015-16, in any college affiliated to the University, may exercise their option to study for any degree or diploma examination, with the I.K. Gujral Punjab Technical University, Jalandhar by continuing to study in the existing college and in that case, the degree or diploma shall be awarded by the I.K. Gujral Punjab Technical University, Jalandhar.

The college has prayed for withdrawal of the writ petition that was filed before the High Court with a view to challenge Section 5(2) of the Act of 2014, the challenge to it vanishes as permission is granted to withdraw the writ petition.

Under the changed situation, as rightly suggested by Mr. P.S. Patwalia, learned senior counsel and in our opinion rightly it would be appropriate if the Registrars of both the Universities i.e. the I.K. Gujral Punjab Technical University, Jalandhar and the Maharaja Ranjit Singh Punjab Technical University, Bathinda, may sit together to decide the validity of admission as per the entitlement of the students, thereafter as per  5 the choice of the students found eligible with respect of which college they want declaration of results,their results may be declared.

It is placed on record that Continental Institute of Engineering has exercised the option to remain under the jurisdiction of I.K. Gujral Punjab Technical University, Jalandhar.

Accordingly the appeals stand disposed of.

................J. (ARUN MISHRA) ................J. (AMITAVA ROY) NEW DELHI;

FEBRUARY 06, 2018
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ITEM NO.1                  COURT NO.10                 SECTION IV

                 S U P R E M E C O U R T O F     I N D I A
                         RECORD OF PROCEEDINGS

Civil Appeal No(s). 8819/2016 I.K. GUJRAL FORMERLY KNOWN AS PUNJAB TECHNICAL UNIVERSITY & ANR. Appellant(s) VERSUS PUNJAB TECHNICAL UNIVERSITY NON-TEACHING EMPLOYEES ASSOCIATION, JALANDHAR & ORS. Respondent(s) WITH C.A. No. 8805/2016 (IV) (NOT READY and IA No.118142/2017-impleading party and IA No.118144/2017-APPROPRIATE ORDERS/DIRECTIONS and IA No.18199/2018- APPROPRIATE ORDERS/DIRECTIONS) C.A. No. 8809-8811/2016 (IV) (NOT READY) C.A. No. 8821-8823/2016 (IV) (NOT READY) Date : 06-02-2018 These appeals were called on for hearing today. CORAM :

HON'BLE MR. JUSTICE ARUN MISHRA HON'BLE MR. JUSTICE AMITAVA ROY For Appellant(s) Mr. Kamal Sehgal, Adv.

Mr. Satinder S. Gulati, Adv. Mrs. Kamaldeep Gulati, AOR Mr. P.S. Patwalia, Sr. Adv.

Mr. Tushar Bakshi, AOR Mr. Dhruv Seoran, Adv.

Mr. Gaurav M. Liberhan, AAG Ms. Ranjeeta Rohatgi, AOR For applicants Ms. Meenakshi Arora, Sr. Adv.

Mr. Dhruv Kapoor, Adv.

Mr. Siddharth Bhatia, Adv.

Mr. Shree Pal Singh, Adv.

For Respondent(s) Mr. Yash Pal Dhingra, AOR Mr. Harish Pandey, AOR Mr. Anil sony, Adv.

Mr. Devadutt Kamat, Adv.

Mr. Aditya Soni, Adv.

Mr. Rameshwar Prasad Goyal, AOR Ms. Ranjeeta Rohatgi, AOR Mr. Nikhil Jain, AOR Mr. Harshit Sethi, Adv.

Mr. Rishi Sehgal, Adv.

Ms. Preeti Singh, AOR UPON hearing the counsel the Court made the following O R D E R IN C.A. 8819 AND 8809-8811 OF 2016 List next week.

IN C.A. 8805 AND 8821-8823 OF 2016 The appeals are disposed of in terms of the signed order. Pending application, if any, also stand disposed of.

(NEELAM GULATI) (JAGDISH CHANDER) COURT MASTER (SH) BRANCH OFFICER (SIGNED ORDER IN C.A. 8805 & 8821-8823/ 2016 IS PLACED ON THE FILE)