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3. According to the petitioners, there are a total number of 310 seats for the B. Tech. Courses in the Regional Engineering College, Kurukshetra, out of which 155 (one-half) are kept for the students of Haryana and the other 155 are thrown open to the students from the entire country. Similarly, in Chhotu Ram State College of Engineering, Murthal, there are 150 seats kept for the students of Haryana. In addition to these 305 seats, 58 other seats are allocated to the students of Haryana in the other Regional Engineering Colleges in the other parts of the country. In this manner there are 363 seats for the students of Haryana. Uptill the year 1989 these seats were filled on the basis of merit determined from the qualifying marks obtained by the candidates in the Central Board and Haryana Board examinations on the basis of equivalancy. With effect from the current academic session 1989-90 the two colleges, afore-referred to, made a decision to follow a system of normalisation of marks obtained by the candidates of the two Boards. The petitioners assert that the Board of Governors of the M.D. University. Rohtak, in their meeting held on November 4, 1988, decided to follow the system of normalisation of marks. But this fact appeared in the press in April, 1989 only, both in the Hindi as also English Sections though it was somewhat discrepant. The petitioners further assert that the Government of India, on the other hand, vide advertisement Annexure P-3 dated March 15, 1989, had given out that the admission procedure as before would continue for the Session 1989-90 in the Regional Engineering Colleges. In May, 1989 came out the Admission Brochure for joint admission in both the Colleges in which by means of Cl. 7 the basis of selection was laid, adopting the concept known as 'Normalisation'. It would be worthwhile to reproduce at this stage Clause 7 :

".....
I am desired to refer to your letter No. ECM/1752 dated 28-4-88 on the above subject and to inform you that keeping in view the decision of the State Govt., the matter regarding admission procedure for Bachelor of Engineering Courses has been considered by the Vice-Chancellor and it has been decided that the admission to the Bachelor of Engineering Course will be made on the basis of merit, after Normalisation of marks only for the session 1988-89. The mode of admission from the next session will be reviewed by the Academic Council of the University.
10A. The procedure of normalisation of marks is illustrated below:
"The highest aggregate marks obtained by a candidate in Pre-Medical/10+2 (or equivalent) of University'X'in a particular academic session = 90%. Aggregate marks obtained by another candidate of University 'X' (in all subjects) = 65% Normalised marks of another candidate = 65/90 x 100= 72.22% The highest aggregate marks obtained by a candidate in Pre-Med./10+2 (or equivalent) of University 'Y' = 80%. Aggregate marks obtained by another candidate of University 'Y' (in all subjects) = 60% Normalised marks of another candidate = 60/80 x 100= 75% As a matter of fact, to decide the criteria for admission to various courses in the University, is the sole function of the University.

On the strength of the afore-quotation, it would be legitimate for us to hold that no discrimination can be practised between students who pass the 10 + 2 examination from the Haryana Board and between students who pass the same examination from the Central Board. This is not only the mandate of the Supreme Court but is the policy of the Government of India as well, as afore-quoted. Because of this circumstance, letter Annexure R-4 with the return filed by the respondents, being a letter from the Assistant Educational Adviser, Government of India, Ministry of Human Resources Development (Department of Education) to the Principal, Regional Engineering College, Kurukshetra, saying that the Ministry had no objection to the adoption of the process of normalisation of qualifying marks indicated thereon for admission to the 4-Year B.Tech. Degree Course, for the Session 1989-90, by the College, pales into insignificance and not worthy of any credit. The law laid down by the Supreme Court in putting at par the students of the Haryana Board and the Central Board specifically ruling that they have not to be discriminated inter se was law not based on the Government policy as submitted by the Attorney-General but was rather a view authoritatively expressed before hand independently. So, in the face of the authoritative pronouncement in Dr. Pradeep Jain's case (AIR 1984 SC 1420) (supra) any effort to disturb equality existing between students of the Haryana Board and the Central Board in the matter of the marks obtained by them in their respective examinations, would run counter to the decision of the Supreme Court in the said case, and on that account principle of normalisation is illegal, discriminatory and violative of Articles 14 and 15 of the Constitution of India. It deserves to be struck down.