MAHARISHI MARKANDESHWAR UNIVERSITY Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The question, which has fallen/arisen for determination in the case at hand is, "whether the respondent State has any authority/power to compel the petitioner-University to reserve seats more than 25% for the students who are bona fide Himachalis, especially when under Sec. 31(4) of the Maharishi Markandeshwar University (Establishment and Regulations) Act, 2010 (hereinafter, '2010 Act"), petitioner- University is under obligation to reserve at least 25% seats for bona fide Himachalis."

(2.) For having bird's eye view, certain undisputed facts as emerge from pleadings adduced on record by respective parties are as under:

(3.) Having taken note of pleadings adduced on record by respective parties, this Court on 13/6/2019, directed respondents to take only such action which is totally in conformity with the 2010 Act and directions of Hon'ble Apex Court. After passing of said interim direction by this Court, respondents issued Prospectus for 2018-19 with the note that above said distribution is subject to any change by State Government on or before first round of counseling. However, subsequently vide communication dtd. 20/6/2018 (Annexure R-1), respondents unilaterally, in violation of interim direction dtd. 13/6/2018 issued by this Court, issued correspondence that the seats would be distributed in the ratio of 50:50 for State and Management quotas.