KRISHI SHIKSHAN ASSOCIATION RAIPUR Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Annexure P/1 dated 11.08.2020 notifying the "Indira Gandhi Krishi Vishwavidyalaya Ke Snatak Pathyakramo Me Pravesh Hetu Niyam 2020" (for short 'the 2020 Rules'), particularly clause 8.2 which deals with the counselling for allocation of seats in the Management Quota for admission to B.Sc Ag. (Hons.) / B.Sc. Horti (Hons.) issued on behalf of the University is put to challenge in this writ petition, by the Association of 15 private unaided Colleges offering education in the agriculture segment.

(2.) The ground of challenge is that taking over of the counselling process by the University in the matter of filling up the seats in the Management Quota virtually intrudes into the rights, liberties and administration vested with the private managements and it stands contrary to the law declared by the Apex Court in T.M.A.Pai Foundation and Others v. State of Karnatka and Others , 2002 8 SCC 481 and P.A. Inamdar and Others v. State of Maharashtra and Others , 2005 6 SCC 537}.

(3.) Reply statement has been filed on behalf of the 2nd and 3rd Respondents-University rebutting the averments and allegations in the writ petition. A return has been filed on behalf of the 1st Respondent/State as well to the extent the State is involved, having been shown as the 1st Respondent in the party array.