Excelsior Correspondent
JAMMU, Apr 24: State High Court today dismissed the petitions filed by Model Institute of Engineering and Technology (MIET) and 33 engineering students seeking regularization of their admission.
While dismissing the petitions, Justice Mohammad Yaqoob Mir observed, “the admission for the Academic Session 2013-14 was extended till September 2013 pursuant to Apex Court order and it is in pursuance to this permission, Board of Professional Entrance Examinations (BOPEE) held the counselling for admission”.
MIET College anticipating the delayed schedule of counseling issued notice for admission and the same was sent to BOPEE, which, however, conveyed to MIET that the admission will not be confirmed as the final round of counseling was already fixed. The MIET College, on the basis of notification, admitted 33 students in BE without the concurrence of BOPEE, a regulatory body.
“If the admissions of 33 students out of 70 have been made on 30th September 2013, then how come in the letter dated 14th November 2013 it has been mentioned that admission shall be made strictly as per merit scored by the candidates in CET-2013 and shall not deviate from the same”, the High Court observed, adding “this letter appears to have been manufactured to cover up the action so initiated”.
“On 9th January 2014, the petitioner-Institute in its letter addressed to the Secretay ,BOPEE has requested for authentication of Registration Return of 33 students. But the BOPEE conveyed that since the admission had to be completed by 30th September 2013 as per the Supreme Court directions, the proposal was not in accordance with SRO 51 of 1997”.
The High Court was of the view that the request was not tenable. “The rule quoted does not exist in the relevant SRO and respondent-University had to accept the Registration-Returns only after the same would be authenticated by the BOPEE”, the court said, adding “when the BOPEE has not authenticated the same, the respondent-University could not accept the Registration Returns and even the examination forms”.
“If the admission of 33 students was completed on 30th September why Registration Returns were submitted to the University on 23rd December 2013 that too on the basis of the letter addressed to the petitioner-Institute by the Under-Secretary to Government, Technical Education/YSS Department on 20th December 2013”, the High Court said, adding “after 30th Sept 2013 no admissions were permissible as such after 14th Novemeber 2013 if MIET has ventured to grant admission, the same is totally unwarranted”.
“There appears to be some nexus in the process in order to hoodwink the matter. Thus it appears that when the process of filling up examination forms have commenced only then Institute on 13th December2013 submitted the registration return of 33 students”, the court said, adding “it appears that the Institute tried to justify its action when BOPEE had in categoric terms informed the College that in case the notice for admission has been issued, the college has done at its own risk and responsibility and admission made thereof shall not be confirmed by BOPEE”.
With these observations, High Court dismissed both the petitions and said, “the 33 candidates shall be at liberty to claim compensation from the petitioner institute”.
Senior Advocate Sunil Sethi with Advocate Veenu Gupta and Advocate S S Ahmed appeared for petitioners while as Advocate W S Nargal appeared for University of Jammu and Advocate Anil Sethi for BOPEE.
Trending Now
E-Paper
Follow our WhatsApp channel