LAWS(DLH)-2009-9-296

MS. SONAL ARORA Vs. GGSIP UNIVERSITY AND ANR.

Decided On September 04, 2009
Ms. Sonal Arora Appellant
V/S
Ggsip University And Anr. Respondents

JUDGEMENT

(1.) THE petitioner is aggrieved by the fact that she is not being considered for admission to the part time MBA course of the Guru Gobind Singh Indraprastha University (hereinafter referred to as "the University"). The grievance of the petitioner is that the requirement of having work experience of a minimum of one year at the level of Executive/Supervisor/Teaching Faculty in an institution located in NCR region, is arbitrary and beyond what has been prescribed by the AICTE which is the national regulatory body for all technical education including management courses.

(2.) MR . Saini, the learned Counsel for the petitioner, submitted that the full time MBA course is of two years, whereas the part time MBA course of the said University is of three years. He submitted that this condition of one year work experience has not been specified insofar as admission to the full time course is concerned and, it has only been made a condition for the MBA part time course. He also referred to the norms and standards for management education and technical education stipulated by the AICTE. He submitted that the said norms and standards do not prescribe that one year work experience would be an eligibility condition for seeking admission to any of the post -graduate management courses. The learned Counsel for the petitioner placed reliance on the decision of the Supreme Court in the case of State of T.N. And Anr. v. Adhiyaman Educational & Research Institute and Ors. : (1995) 4 SCC 104. In particular, he placed reliance on the following observation of the Supreme Court appearing in paragraph 22 of the said report:

(3.) WE have also heard the learned Counsel for the AICTE as well as the learned Counsel for the University. The learned Counsel appearing on behalf of the AICTE submitted that the AICTE is the national regulatory body insofar as the technical education is concerned. He submits that the MBA course is covered under the definition of "Technical Education. as appearing in Section 2(g) of the AICTE Act, 1987. He submitted that the norms and standards prescribed by the AICTE have to be adhered to by all the educational institutions. He also submitted that the standards prescribed are the minimum standards. The institution may prescribe higher standards. The learned Counsel for the University submitted that the norms and standards prescribed by the AICTE have been adhered to by the University. He submitted that there was no non -compliance of the norms and standards. According to him, the criteria for eligibility for the MBA course included academic records/work experience. He referred to the norms and standards and to the portion which specifies the "entry qualification.. The said portion reads as under: