Document Fragment View

Matching Fragments

(emphasis supplied)

(x) In the decision of Punjab and Haryana High Court, reported in 1990(1) I.L.R. Punjab and Haryana 282 (N.K.Batra and Others V. Kurukshetra University and Others) at Paragraph No.14, it is observed as follows:

14.....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 aforequoted. Because of this circumstance, letter Annexure r-4 with the return filed by the respondents, being a letter from the Assis- that Educational Adviser, Government of India, Ministry of Human Resource 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 College, pales into insignificance and not worthy of any credit. The law laid down by the Supreme Court in putting at part the students of the Haryana Board and the Central Board specifically ruling that they have not to 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 (supra) any effort to disturb equality existing between students of the Haryana 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. (emphasis supplied)