CT GROUP OF INSTITUTIONS Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This petition questions the validity of the order dated 20.2.2007. Annexure P. 15 passed by respondent No. 2 University, imposing penalty of Rs. 4 lacs on the ground that the petitioner College filled up management quota seats without permission of the University.

(2.) Case of the petitioner is that as per notification dated 13.4.2006, Annexure P.1, the State of Punjab appointed Panjab University, Chandigarh as the authority to conduct Entrance Test for selection of students for admission to B.Ed. course for the session 2006-07 in the colleges affiliated to the Guru Nanak Dev University, Punjabi University and Panjab University. As per the said notification, name of the petitioner-College was shown at Sr. No. 5 for 100 seats. Clause 9 of the Notification provided for 15% of the State quota seats to be treated as management quota seats, which were out of the purview of centralised counselling. The said seats were accordingly excluded from the centralised counselling. The co-ordinator for the Centralised admissions respondent No. 5 raised certain issues and imposed penalty of Rs. 1 lac vide letter dated 4.9.2006, Annexure P. 6 on the allegation that the petitioner had not appointed the requisite staff. The petitioner paid the penalty and made a claim vide letter dated 25.10.2006, Annexure P. 9 that it had filled up 13 seats of management quota. The petitioner submitted University examination forms of the students admitted. On 20.2.2007, vide Annexure P. 15. Respondent No. 5 passed the impugned order requiring the petitioner to pay penalty of Rs. 4 lacs and deposit the total fee of 13 students i.e. Rs. 4,55,000/-.

(3.) The contention raised is that the petitioner-college having never been asked to take 'No Objection Certificate' before admitting the students under management quota, the penalty could not be imposed. The University had been duly informed about the filling up of 13 seats under management quota and observation in the impugned order that the seats had been filled up without prior permission, was erroneous.