- (1.) This petition seeks quashing of the impugned order dated 28.3.2006, Annexure P-5, read with corrigendum dated 26.4.2006, Annexure P-6, directing that 12 seats of Punjab Residents be filled up by separate entrance test.
(2.) Case of the petitioner is that the petitioner Institute has been established by the Army Welfare Education Society, primarily to impart legal education to the wards of the army personnel. The Government of Punjab had given concession in the matter of allotment of land and it was agreed that out of the in take of 80 seats, 12 seats i.e. 15% will be reserved for Punjab Residents Civil Category and 4 seats for All India Residents Civil Categories. The Institute is affiliated to the Punjabi University, Patiala. The Institute was earlier following its own procedure for admission, but in the year 2006, the State Government decided to fill up 12 seats through centralized counselling. Thereafter for the session 2007-08, the State Government decided that the petitioner-institute may conduct separate entrance tests for Army Category and 12 seats, reserved for Civil Category should be filled up through Common Entrance Test.
(3.) Learned counsel for the petitioner submitted that holding of separate entrance tests for the two categories was not justified and all the admissions should be made in the same test, which may be conducted or regulated by respondent No. 2. We have heard learned counsel for the parties. The Hon'ble Supreme Court in P.A. Inamdar and others V/s. State of Maharashtra and others, 2005 AIR(SC) 3226observed as under : "Q.2. Admission procedure of unaided educational institutions. 130. So far as the minority unaided institutions are concerned to admit students being one of the components of "right to establish and administer an institution", the State cannot interfere therewith. Upto the level of under graduate education, the minority unaided educational institutions enjoy total freedom. 131. However, different considerations would apply for graduate and post graduate level of education, as also for technical and professional educational institutions. Such education cannot be imparted by any institution unless recognized by or affiliated with any competent authority created by law, such as University, Board, Central or State Government or the like. Excellence in education and maintenance of high standards at this level are a must. To fulfill these objectives, the State can and rather must, in national interest, step in. The education, knowledge and learning at this level possessed by individuals collectively constitutes national wealth. xx xx xx xx xx 133. Whether minority or non-minority institutions, there may be more than one similarly situated institutions imparting education in any one discipline, in any State. The same aspirant seeking admission to take education in any one discipline of education shall have to purchase admission forms from several institutions and appear at several admission tests conducted at different places on same or different dates and there may be a clash of dates. If the same candidate is required to appear in several tests, he would be subjected to unnecessary and avoidable expenditure and inconvenience. There is nothing wrong in an entrance test being held for one group of institutions imparting same or similar education. Such institutions situated in one State or in more than one State may join together and hold a common entrance test or the State may itself or through an agency arrange for holding of such test. Out of such common merit list the successful candidates can be identified and chosen for being allotted to different institutions depending on the courses of study offered, the number of seats, the kind of minority to which the institution belongs and other relevant factors. Such an agency conducting Common Entrance Test (CET, for short) must be one enjoying utmost credibility and expertise in the matter. This would better ensure the fulfillment of twin objects of transparency and merit. CET is necessary in the interest of achieving the said objectives and also for saving the student community from harassment and exploitation. Holding of such common entrance test followed by centralized counseling or, in other words, single window system regulating admissions does not cause any dent in the right of minority unaided educational institutes to admit students of their choice. Such choice can be exercised from out of list of successful candidates prepared at the CET without altering the order of merit inter se of the students so chosen. 134. Pai Foundation has held that minority unaided institutions can legitimately claim unfettered fundamental right to choose the students to be allowed admissions and the procedure there for subject to its being fair, transparent and non-exploitative. The same principle applies to non-minority unaided institutions. There may be a single institution imparting a particular type of education which is not being imparted by any other fulfilling the test of being fair, transparent and non-exploitative. All institutions imparting same or similar professional education can join together for holding a common entrance test satisfying the above said triple tests. The State can also provide a procedure of holding a common entrance test in the interest of securing fair and merit based admissions and preventing oral administration. The admission procedure so adopted by private institution or group of institutions, if it fails to satisfy all or any of the triple tests, indicated hereinabove, can be taken over by the State substituting its own procedure. The second question is answered accordingly. 135. It needs to be specifically stated that having regard to the larger interest and welfare of the student community to promote merit, achieve excellence and curbmal-practices, it would be permissible to regular admissions by providing a centralized and single window procedure. Such a procedure, to a large extent, can secure grant of merit based admissions on a transparent basis. Till regulations are framed, the admission committees can oversee admissions so as to ensure that merit is not the casualty.";