2011 (2) TMI 1623 - SC - Indian Laws

Summary

Issues Involved:
1. Validity of admissions made in 1999.
2. Validity of admissions made in 2002 and 2003.
3. Affiliation for academic sessions 2004-2006 and 2005-2007.

Summary:

1. Validity of Admissions Made in 1999:
- Background: The Institute admitted 160 students to the two-year JBT course in 1999 without NCTE recognition, which was granted only on 17.7.2000.
- High Court's Decision: Rejected the prayer to regularize admissions and directed the Society and Institute to refund fees and pay Rs. 50,000/- as damages.
- Supreme Court's Analysis:
- Admission to a course can only be given to eligible candidates as per the regulations of the Examining Body and State Government.
- The absence of NCTE recognition in 1999 rendered the admissions illegal and irregular.
- The State Government and Board's decision to regularize 68 students cannot be a ground to perpetuate an illegality.
- Conclusion: Appeals (CA Nos. 1228 and 1229 of 2011) dismissed. The students admitted in 1999 cannot be permitted to appear for the JBT examination.

2. Validity of Admissions Made in 2002 and 2003:
- Background: The Institute had NCTE recognition from 17.7.2000 and admitted students within the permitted intake for 2002-2004 and 2003-2005 sessions. The Board permitted students to take the examination, but results were not declared.
- High Court's Decision: Denied relief on the ground that admissions without affiliation were illegal.
- Supreme Court's Analysis:
- Recognition by NCTE does not automatically result in affiliation with the Examining Body.
- The Institute proceeded under the mistaken impression that NCTE recognition resulted in automatic affiliation.
- Conclusion: Admissions for 2002 and 2003 are regularized subject to fulfilling eligibility criteria. Appeals (CA No. 1227/2011 and 1230-1231/2011) succeed to this extent. The direction to pay Rs. 50,000/- as damages to students admitted in 2002 and 2003 is set aside.

3. Affiliation for Academic Sessions 2004-2006 and 2005-2007:
- Background: The Institute sought affiliation and direction to the State Government to sponsor students for these sessions.
- High Court's Decision: Dismissed the writ petitions.
- Supreme Court's Analysis:
- No candidates were allotted or admitted for these sessions.
- The issue of granting affiliation for these years is academic and does not arise for consideration.
- Conclusion: Appeals (CA Nos. 1232-1233/2011) dismissed as infructuous.

Conclusion:
1. CA No. 1228/2011 and 1229/2011: Dismissed.
2. CA No. 1227/2011 and 1230-1231/2011: Disposed of in terms of paras 18 and 19.
3. CA Nos. 1232-1233/2011: Dismissed as infructuous.
4. Additional Direction: Students admitted in 1999 may seek fresh admission in 2011, with age requirement relaxed and no additional fees charged.