NETAJI SUBHAS INSTITUTE OF TECHNOLOGY THROUGH ITS MEMBER SECRETARY MADAN MOHAN SINGH, SON OF T N SINGH Vs. STATE OF BIHAR THROUGH PRINCIPAL SECRETARY, DEPARTMENT OF SCIENCE AND TECHNOLOGY, GOVT OF BIHAR, PATNA

JUDGEMENT

(1.) The appellant is aggrieved with the judgment and order of the writ Court dated 08.08.2017 in C.W.J.C. No.7072 of 2017, whereby the writ court on consideration of the submissions of the parties and various judgments of the Apex Court and of this Court declined to issue direction for holding 2nd admission test or to allow the appellant Institute to take admission on the basis of marks obtained by the candidate in 12th examination.

(2.) Pivotal issues involved in the present Letters Patent Appeal are:

(3.) Initially, the writ application was filed on 10.05.2017: For a direction to the respondents to frame Rule/Regulation/Procedure for admission against the sanctioned vacant seats in respective institutions on the basis of open counselling and after preparing merit list on the marks obtained in the qualifying examination (12th) in the light of the law laid down by the Apex Court in T.M.A. Pai Foundation and others Vs. State of Karnataka & others, 2002 8 SCC 481, and Islamic Academy of Education and another Vs. State of Karnataka and others, 2003 6 SCC 697, and also prayed for modification in the notification no. 678 dated 05.03.2014 and the Press Note dated 06.02.2014, whereby the modality for admission in the AICTE approved Private Engineering / Polytechnic Institute has been notified. They also prayed for modification or to read down the notification with regard to selection process for admission in the AICTE recognition. The petitioner has also prayed for a direction to the respondent authorities to dispose of the representation dated 23.08.2016 whereby the institute requested the respondents to frame Rule / Regulations or modification of the existing admission Rules.