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| HC declines to register 33 admissions made in BE by MIET | | 'Candidates can claim compensation from College | | Early Times Report
JAMMU, Apr 24 : Justice Mohd. Yaqoob Mir of State High Court in a landmark Judgement dismissed both the petitions filled by Model Institute of Engineering and Technology (MIET) and 33 engineering Students seeking regularization.
High Court while dismissing the petitions observed that 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. This letter appears to have been manufactured later in point of time as to cover up the action so initiated, the court observed.
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, in response thereto, the respondent-BOPEE has conveyed to the petitioner-Institute that since the admission had to be completed by 30th September 2013 as per the Hon'ble Supreme Court directions, the proposal is not in accordance with SRO 51 of 1997.The court was of the view that the request is not tenable.
The rule quoted does not exist in the relevant SRO.Respondent-University had to accept the Registration-Returns only after the same would be authenticated by the BOPEE.When the BOPEE has not authenticated the same,the respondent-University could not accept the Registration Returns and even the examination forms. The High Court questioned Whether the petitioner-Institute was competent to issue notice for admission of the candidates on the basis of merit in JKCET-2013 subject to shortfall in seats, if any, by invoking Rule 4(7) of the Jammu and Kashmir Private Technical Education Institutions ( Selection and Admission) Rules; Whether the admission of 33 candidates was completed on 30th September itself.If the admission of 33 students was completed on 30th September,why Registration Returns of these 33 candidates weresubmitted 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 court further observed that after 30th Sept 2013 no admissions was permissible as such after 14th Novemeber 2013 if MIET has ventured to grant admission, same is totally unwarranted. The court observed,why registration returns of these 33 students were not submitted earlier as per the stand of the petitioner, is not made clear.The 33 candidates,who have been admitted, also cannot claim any benefit when the process of admission initiated by the petitioner-Institute vis-a-vis, is in contravention to the direction of the Hon'ble Supreme Court,which would provide last date for completing the process on 30thSeptember 2013.
The court observed that the said 33 candidates shall be at liberty to claim compensation from the petitioner-institute. Sunil Sethi,Sr. Advocate with Veenu Gupta and S.S Ahmed appeared for petitioners and Wasim Sadiq Nargal appeared for University of Jammu and Anil Sethi appeared for BOPEE. |
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