BIHAR PRIVATE TECHNICAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) The Aryabhat Knowledge University, Patna (hereinafter referred to as the University), came out with a notification on 08.02.2017, in relation to examination of certain courses including B.Tech, first semester theory Examination, 2016. The said notice mentions that for the academic Session 2016-17, the University shall conduct examination of such students only who have been admitted on the basis of entrance examination held either by the Bihar Common Entrance Competitive Examination Board (B.C.E.C.E.B) or Bihar Private Technical and Professional Institutions Association (hereinafter referred to as the Association). The notice, to the extent it debars students, who have not been admitted on the basis of admission test held by B.C.E.C.E.B. or the Association for the said professional course(s) has been put to challenge, in the present batch of writ applications, filed under Art. 226 of the Constitution of India.

(2.) In C.W.J.C. No. 605 of 2017, Bihar Private Technical and Professional Institutions Association is the petitioner, through its Secretary. The Chairman of the Association is petitioner no. 2 in the said case. The Association is justifying the admission of students in the technical and professional courses on the basis of 10+2 marks. The petitioners of C.W.J.C. No. 2247 of 2017 have taken admission in diploma courses in Patna Sahib Polytechnic College, on the basis of marks obtained by them in matriculation (10th) examination. C.W.J.C. No. 2064 of 2017 has been filed by the Principal, Patna Sahib Technical Campus, P.S. Bhagwanpur, District-Vaishali at Hajipur. C.W.J.C. No. 2367 of 2017 has been filed by Netaji Subhas Institute of Technology, through its Member Secretary (N.S.I.T.), Amhara, Bihta at Patna and two students of the said Institute, who have been admitted to B.Tech. course in the said College for academic Session 2016-17, on the basis of marks obtained by them in the intermediate examination and not on the basis of any entrance test held by B.C.E.C.E.B. or Association. Same petitioner(N.S.I.T), in CWJC No. 3457 of 2017, has raised similar grievance in relation to the admission to diploma courses of various streams. The petitioner nos. 3 to 6 are the students of the said course in that institution, in this case.

(3.) The Institutions are admittedly private unaided Technical Institutions engaged in imparting B.Tech/Diploma in Engineering course, inter alia. These Institutions have allowed some of the students to be admitted to B.Tech./Diploma courses for the academic Session 2016-17 not, on the basis of entrance test held either by B.C.E.C.E.B. or by Association, rather on the basis of their qualification of having passed 10+2/Intermediate/10th examination and marks scored by them in the said examination The minimum qualification for admission to B.Tech and Diploma course in Engineering are 10+2/Intermediate 'pass' and 10th 'pass' respectively.