Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Odisha Professional Educational Institutions (Regulation of Admission and Fixation of Fees) Act 2007 All India Council for Technical Education (AICTE) |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Education/Educational Institutions: Odisha Professional Educational Institutions (Regulation of Admission and Fixation of Fees) Act, 2007: ss. 3(1) and 3(2) – Method of admission in professional educational institutions – On facts, amid covid outbreak, issuance of circular by All India Council for Technical Education (AICTE), by which the eligibility criteria for students taking admission to vacant seats for the PGDM/MBA courses relaxed – Admission based on marks scored by aspirants in the qualifying examination instead of the statutory requirement that all admissions have to be based on centralized entrance test – Subsequently, clarification letter by AICTE that circular issued by it only pertained to PGDM/MBA courses and not B. Tech courses – In a writ petition, the High Court allowed institutions to grant of admission to students for B.Tech (Engineering) Degree Course on the basis of the marks obtained in the qualifying examination – High Court while holding that there was an error apparent in the letter issued by AICTE, issued mandamus that the same benefit should be given to students of the Engineering degree stream as was granted to students for PGDM/MBA courses – On appeal, held: Direction by the High Court to the State Government to admit students to the B. Tech Degree Courses on the basis of the marks obtained in the qualifying examination contrary to the terms of s. 3(1) – AICTE clearly indicated that B. Tech courses cannot be placed at par with PGDM/MBA courses and left it to the decision of the State Government – State Government was duty bound to comply with provision s of s.3(1) – Thus, the High Court not justified in issuing mandamus – Order passed by the High Court set aside – However, students granted admission under the direct entry and under the lateral entry to the B.Tech Degree Courses not to be disturbed – Constitution of India – Art. 142. |
Judge | Hon'ble Dr. Justice D.Y. Chandrachud |
Neutral Citation | 2021 INSC 312 |
Petitioner | The State Of Odisha & Ors |
Respondent | Orissa Private Engineering College Association (opeca) & Anr |
SCR | [2021] 6 S.C.R. 386 |
Judgement Date | 2021-06-29 |
Case Number | 2274 |
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