Allahabad High Court
G.L. Bajaj Institute Of Technology And ... vs Union Of India Thru. Secy. Deptt. Of ... on 23 November, 2022
Author: Neeraj Tiwari
Bench: Neeraj Tiwari
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 7 Case :- WRIT - C No. - 8315 of 2022 Petitioner :- G.L. Bajaj Institute Of Technology And Management, Gautam Buddha Nagar Thru. Registrar Sunil Dutt Respondent :- Union Of India Thru. Secy. Deptt. Of Social Justice And Empowerment, New Delhi And Others Counsel for Petitioner :- Amit Jaiswal Ojus Law Counsel for Respondent :- A.S.G,Alok Kumar Pandey,C.S.C.,Lalit Shukla Hon'ble Neeraj Tiwari,J.
Heard Sri Jagdeep Mathur, learned Senior Counsel assisted by Sri Amit Jaiswal, learned counsel for petitioner, Sri Anadi Krishna Sinha, learned counsel for respondent No. 1, learned standing counsel for respondent No. 2, Sri Alok Kumar Pandey, learned counsel for respondent Nos. 3 & 4 and Sri Lalit Shukla, learned counsel for respondent No. 5.
Learned Senior Counsel appearing for petitioner submitted that in 103rd amendment of Constitution of India, 10% reservation was given to Economically Weaker Sections (EWSs) and in this regard, Government of India has issued notification dated 17.01.2019 reserving 10% seats in service as well as admission for educational Institutions.
He further submitted that under the provisions of All India Council for Technical Education Act, 1987 (hereinafter referred to as 'Act, 1987'), All India Council for Technical Education ( in short, AICTE) has framed its Handbook and in Para 7.44, State Government has been directed to implement the 10% reservation policy with certain conditions. For proper implementation of reservation for EWS category, a table has also been prepared for the purpose of illustration to fix the number of seats after implementation of reservation for EWS Category.
He next submitted that State Government has authorized the University-respondent Nos. 3 & 4 (in short 'University') to implement the EWS reservation by enhancing the seats as directed by Government of India as well as guidelines issued by AICTE in Para 7.44 of its Handbook. Following the same, University has implemented the EWS reservation and information was also given to the State Government vide letter dated 16.11.2022. It is next submitted that number of seats so calculated is not correct and also is not in accordance with illustration given by the AICTE in its Handbook. He also pointed out that against the 60 seats, after implementing the 10% EWS reservation, University has enhanced the same to only 63 seats, which is not possible even under the simple calculation of mathematics. Further, a multiplier has been evolved by the AICTE to fix the enhanced number of seats, therefore, number of seats so calculated by the University is incorrect and liable to be revised. He also submitted that last round of counseling is going to take place from 01.12.2022 to 15.12.2022, therefore, a suitable direction may be issued to the State Government to rectify the mistakes committed by the University while implementing the EWS reservation and recalculate the number of seats in light of illustration given by the AICTE in its Handbook before 01.12.2022.
Learned standing counsel submitted that till date, no representation has been filed by the petitioner before the State Government. He further submitted that in case any such representation is filed, the same shall be considered and decided at the earliest.
In view of the facts and circumstances of the case, the writ petition is disposed of with liberty to petitioner to move fresh representation along with relevant documents as well as certified copy of this order before respondent No. 2 within 48 hours. In case any such representation is filed, same shall be considered and decided after considering the 103rd amendment of Constitution of India, directions issued by the Government of India and Handbook issued by AICTE within next three days. In case seats are enhanced, University is directed to include the remaining seats of petitioner's Institution for the purpose of counseling which is going to commence between 01.12.2022 up to 15.12.2022.
In case representation of petitioner is rejected declining the claim of enhancement of seats, respondent No. 2 shall pass reasoned order to this effect within the same time.
It is made clear that this Court has not adjudicated the case on merits. It is upon respondent No. 2 to pass order after considering the 103rd amendment of Constitution of India, directions issued by the Government of India and also AICTE Act, 1987.
Order Date :- 23.11.2022 Sartaj