LALIT TONGIA Vs. STATE OF M P

JUDGEMENT

(1.) Writ petition has been filed by the petitioner praying for the relief to declare amended Regulations 3 and 5 of the M. P. Admission (Reservation to NRI) Regulation, 2009 as Ultra Vires being repugnant to the provision of Chapter VIII of the AICTE Regulations, 2010. Prayer has also been made to direct the private un-aided institutions to effect admission to NRI purely as per the definition and procedure prescribed under Chapter VII of the AICTE Regulations, 2010 for the academic session 2010-11. Prayer has also been made to direct the respondents authorities for conducting centralized counselling through a competent authority as notified under the Niji Vyavsayik Shikshan (Pravesh Ka Viniyaman Avam Shulk Ka Nirdharan) Adhiniyam, 2007 (hereinafter referred to the "Adhiniyam of 2007"). Prayer has also been made to quash the counselling held in derogation to the aforesaid provisions.

(2.) In the petition it is averred that section 2(g) of the Adhiniyam of 2007 defines "management" and section 2(j) defines "non-resident Indian" having the same meaning as assigned in clause (e) of section 115C of the Income Tax Act, 1961. In exercise of powers under sections U and 12 State Government has initially framed the Admission Rules, 2008, Rule 2(i) defines "NRI" to have same meaning as assigned in clause (e) of section 115C of the Income Tax Act. Rule 7(3) of the Admission Rules, 2008 prohibited no management of professional institution shall issue notification/advertisement and call for application for admission separately or individually from any student. In exercise of regulation making power the State Government has also framed M. P. Admission (Reservation to NRI) Regulations, 2009 (hereinafter referred to "NRI Regulations 2009")- Regulation 3 of NRI Regulation 2009 provides that these regulations shall be applicable to students who are seeking admission against 5% seats reserved for non-resident Indian subject to fulfilling one of the prescribed conditions. Regulation 5 provides for procedure of admission to various seats belonging to NRI quota. The procedure under the aforesaid rules give free hand to the concerned institution for inviting applications at the institutional level and giving admissions to various candidates. The counselling programme, (P/5) was published on 16-6-2010.

(3.) It is submitted by the petitioner that AICTE Regulations 2010 published in February, 2010 and framed by the AICTE under section 11 of the All India Council for Technical Education Act, 1993. Regulation 2.36 defines NRI, Regulation 49 falling under Chapter VIII of the Regulations clearly states that the admission to 5% NRI seats shall be done by providing admission to the sons and daughters of the NRI's. Regulation 52 of Regulations states that admissions to the NRI quota shall be effected by Competent authority by inviting applications and then after publishing a joint merit list of various applicants. Thus, it is apparent that there is repugnancy between the NRI Regulation 2009 framed by the State and AICTE Regulation 2010. Previous year this Court has passed interim order directing the State to frame the regulations, thereafter the regulations were framed for giving admission to NRI's. Then on the basis of unamended Regulations 2009 institutions have given admissions to many ineligible students to the NRI quota which had been cancelled by the Courts. Hence, the petition has been preferred.