Candidates Can Apply Both In Offline As Well As Online Mode For Management Quota Seats At IP University: Delhi HC
The Delhi High Court held that candidates can apply in offline and online mode for admissions in Management Quota at Guru Gobind Singh Indraprastha University (University). The Court further gave directions to the University to pass necessary orders for compliance with the said directions.
The Bench comprising Justice Suresh Kumar Kait And Justice Neena Bansal Krishna observed, “The directions are as under:- “i) GGSIP University to make an online portal to display the branch-wise college wise seats available under Management Quota ii) Prospective students can apply online as well as offline against available seats under Management Quota iii) The college shall display the list of aspirant admission seekers on the online portal as well as on the notice board of the college iv) The college shall prepare common merit wise list of candidates who have applied through online and offline mode v) The merit list college wise shall be published online”.
Senior Advocate Manoj Goel appeared for the Appellant and Standing Counsel S.K. Tripathi appeared for the Respondent.
The University/Respondent issued the first circular (22.09.2023) for filling Management Quota seats in accordance with Sections 12 and 13 of the Act. The Appellant (VIPS) advertised as per the rule and the admission process was 90% complete when the second circular (27.09.2023) was issued by the University regarding incorporating the schedule of counselling on the web portal. The third circular (14.10.2023) was regarding the issuance of a schedule for online registration on the University's portal for admission to Management Quota Seats. The Appellant filed a stay application which was dismissed by the Single Judge. The Appellant, thereafter, filed a Letter Patent Appeal before the Court challenging the impugned judgement of the learned Single Judge and the second and third circulars dated 22.09.2023 and 14.10.2023.
The Appellant contended that the said circular violated their fundamental rights as Section 3(m) of the Act states that management seats should be filled by the management of the institute in accordance with the rules, and the State's Executive Power cannot violate the said provision. The rules specified an "offline" mode, which cannot be implemented without amending the rules.
The Court affirmed the decision of the Single Judge stating that the second circular dated 22.09.2023 violated Section 17 of the Act. The Court emphasised that a delicate balance needs to be maintained between Article 19(1)(g) and 19(6) of the Constitution of India. The Court partially modified the Second Circular, allowing students to apply in “offline mode” for Management Quota seats in addition to “online mode” as well.
The Court further noted that Rule 8(2)(a) is a comprehensive provision containing the entire procedure for admission under the Management Quota. The Court further emphasized that the Delhi Professional Colleges or Institutions (Prohibition of Capitation Fee, Regulation of Admission, Fixation of Non-Exploitative Fee and Other Measures to Ensure Equity and Excellences) Act, 2007 (Act) and concurrent Rules are enacted to safeguard the rights enshrined under Article 19(1)(g) of the Constitution.
The Bench noted, “In the considered opinion of this Court, Rule 8(2)(a) elaborately sets out the entire procedure for admission under the Management Quota, including advertisement and preparation of pre-counselling merit list, process of counselling, preparation of merit list etc and it has not been disputed by the respondents that for the session 2022-23, the appellant had not followed the aforesaid procedure. The Act and Rules of 2007, which have been in operation with regard to filling of seats under the Management Quota, were formulated to protect the rights under Article 19(1)(g) of the Constitution of India”
Accordingly, the Court disposed of the Appeal, upheld the judgement regarding the formation of the Management Quota Admission Monitoring Committee, and directed the Respondents to issue necessary orders to comply with the above directions within two weeks from the date of the judgment.
Cause Title: Vivekananda Institute of Professional Studies v Government of NCT of Delhi & Anr