New Delhi, April 5
The Supreme Court has stayed the Punjab and Haryana High Court order for continuing with the admission to Punjab Engineering College, Chandigarh, on the basis of 85:15 ratio in state and non-state quota even after the college being accorded the status of deemed university with the approval of the University Grants Commission two years ago.
While admitting an appeal of the Chandigarh Administration against the high court’s August 31, 2004, order, a Bench of Mr Justice Y.K. Sabharwal and Mr Justice P.P. Naolekar said: “We stay the order but the admission already made during academic year 2004-05 would not be affected.”
The PEC had last year admitted students on the basis of old pattern under which 85 per cent seats would go to the students from the state and remaining 15 per cent be admitted from the non-state quota.
But the Administration contended that after the elevation of the college as a deemed university, the admission has to be done on the basis of 50:50 ratio as per the UGC rules.
“The high court erred in ignoring the fact that PEC becomes a deemed university from the issuance of the notification by the Central Government in the official gazette…and it failed to consider that in a deemed university not more than 50 per cent total seats can be filled by the way of state quota as per the UGC guidelines,” the Chandigarh Administration Special Leave Petition, moved by its counsel Kamini Jaiswal said.
After a brief hearing, the apex court yesterday admitted the SLP, saying that the issue needed to be examined by it.
The high court order had come on a batch of petition by 10 students admitted during 2004-05 academic session, who had apprehended that if the 50:50 ratio scheme was allowed, their admission might be affected.
But the apex court made it clear that it was admitting the SLP subject to the condition that the admissions already done by PEC would not be affected.
Additional Solicitor General Amrendra Sharan told the court that Centre’s objection was not regarding the already admitted students but on the question of not making the 85:15 ratio as a procedure for the future admissions as the date for admission to 2005-06 academic year was fast approaching.
But students’ counsel contended that the admissions should continue to be made on the basis of 85:15 ratio even during the coming session because the Memorandum of Understanding for granting the deemed university status to PEC was not approved by the Union Government.
