VARUN SAINI & ORS. versus GURU GOBI ND SINGH INDRAPRASHTHA UNIVERSITY

Citation: [2014] 14 S.C.R. 364 · Decided: 16-10-2014 · Supreme Court of India · Bench: DIPAK MISRA · Disposal: Disposed off

Judgment (excerpt)

A 
B 
[2014] 14 S.C.R. 364 
VARUN SAINI & ORS; 
v.' 
GURU GOBI ND SINGH INDRAPRASHTHA UNIVERSITY 
(Writ Petition (Civil) No. 853 of 2014) 
OCTOBER 16, 2014 
[DIPAK MISRA AND UDAY UMESH LALIT, JJ.] 
Education/Educational Institutions: 
. 
. 
c 
All India Council for Technical Education Act, 1987 -
Technical courses -
Counseling and admission by 
authorities of the University - Adherence of schedule 
pertaining to approval by All India Council for Technical 
Education - Notification by the University to provide a fresh 
0 
round of counseling (supplementary counseling) after the cut-
off date - Challenged to, upto Supreme Court- Subsequently 
Notification withdrawn - Thereafter, writ petition filed seeking 
extension of time schedule which would give rise to 
conducting of another round of counseling- Held: Weighing 
E the issue on the scales of larger public interest in the facts of 
·case and the relief sought, the solution offered by the 
University accepted as that would subserve the cause of 
justice - Certain directions issued as regards counseling and 
admission. 
F 
Disposing of the Writ Petitions, the Court 
HELD: 1.1 Weighing the issue on the scales of 
larger public interest in the obtaining factual matrix, the 
relief sought and the plausible solution offered by the · 
University can be accepted as that would subserve the 
G cause of justice. In these courses, the university can 
keep the pace. Such an agonizing situation inviting 
national waste could have been avoided had AICTE and 
the University would have been more careful, cautious 
and circumspect. However, to do complete justice, 
H 
364 
VAR UN SAINI v. GURU GOBI ND SINGH INDRAPRASHTHA 365 
UNIVERSITY 
certain directions have been issued in the larger public A 
interest and ultimately subserve the cause of 
justice.[Para 24, 25, 26][388-F-G; 389-B, D] 
1.2 It was submitted that the problem occurs every 
year, for despite llays for counselling are .fixed, adequate 
number of students are not called for counselling, as a 8 
result of which, many students who have cleared the 
CET do not get an opportunity to undertake the 
counselling and eventually the admission does not take 
place. It is in the sphere of university administration. But 
when the problem is recurrent, the University is told to C 
hold counselling in such a manner within the stipulated 
time in the schedule so that all the seats are filled up if 
there are eligible candidates for such counselling. The 
University cannot behave like an alien to the national 
interest. It is imperative to state, a_concerted effort has D 
to be made by the AICTE and the University to avoid 
recurrence of this kind of piquant and agonising 
situations. Perceived from any perspective, it does not 
augur a healthy situation. Had the AICTE functioned 
within the time frame in respect of the process the matter E 
would not have given rise to such a situation. Similarly, 
had the University conducted the counselling with 
utmost responsibility ~eeping .in view the number of 
seats that were available in the approved institutions and 
the number of students that have qualified in the F 
Common Entrance Test, possibly the gravi\yl <)f. the 
problem would have been less. [Para 27][p9-D-G; 
390-B-D] 
1.3 In a State of good governance, a problem is 
taken note of so that appropriate and timely steps are G 
taken to avoid any recurrence. The authorities who are 
incharge of giving approval, preparing syllabus, imparting 
education and carrying, on such other activities, are 
required to behave with responsibility. Lack of concern 
is only indicative of the beginning of destruction. That H 
366 
SUPREME COURT REPORTS 
[2014] 14 S.C.R. 
A cannot be allowed to occur ... Therefore, the AICTE and 
the University are cautioned to see to it that things are 
done on time following the fixed time schedule. Time is 
extended for carrying out the on-line counselling till 21 •• 
of October, 2014. The students who hav.e already taken 
B admission in colleges shall not be permitted to 
participate in the supplementary counselling, and the' 
students who are attending classes in any institution 
without the counseling shall be deemed not to have been 
admitted and, therefore; they will be eligible to participate 
c · in the on lin'e counseling. The students those are 
selected-for admission "and allotted'to the respective 
colleges on merits'siiall take admission forthwith. The · 
· 
· r 
~ 
i 
r 
students after being allotted to

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