HC rejects request of Dogra law college to fill up five management quota seats for five years LLB course

28/08/2014

Jammu: Justice Dhiraj Singh Thakur of J&K High Court Jammu Wing rejected the plea of Dogra Law College regarding to fill up five management quota seats for five years LLB course 2013-2014.
In a petition filed by Dogra Law College seeking direction to University to permit it to fill-up five seats in the management quota for LLB five years course for the session 2013-14 and a further direction to allocate adequate number of management seats for the LLB three years course for the session 2013-14 as also for further ensuing sessions so that the aspiring candidates desirous of undergoing LLB three years course are in a position to seek admission under the Management Quota.
Justice Dhiraj Singh Thakur after hearing Sr. Adv Sunil Sethi with Adv Mohsin Bhat appearing for the petitioner-college whereas Adv WS Nargal appearing for the University, observed that if the seats were to be offered to candidates on a fee structure lower than the one fixed then that should have been made known at the time of selection itself so that candidates would be tempted to take admissions in the process of selection conducted by the University. If profiteering was not the motive of the petitioner-college then there was nothing wrong in the process of selection made by the University, which appears to have satisfied all private law colleges affiliated with the University of Jammu except the petitioner-college herein.
With these observations State High Court rejected the prayer of the petitioner-college for directing the university to allow the petitioner-college to fill up five management quota seats for five years LLB course for the session 2013-14 and onwards as the said prayer has been made contrary to the clear ratio of the judgments of the Apex Court in T.M.A Pai Foundation as also Islamic Academy of Education. The University shall take a decision with regard to fixation of quota for the three years and five years law courses being run by the petitioner-college so that in future, subject to availability of candidates, who opt for this quota, admissions are made in accordance with merit. However, in the absence of any common entrance test conducted by similarly situate law colleges in the state on the basis of merit, the University of Jammu shall continue to make admissions to such colleges including that of the petitioner-college in accordance with merit in the management quota subject to candidates opting for the same strictly in accordance with the ratio of the Apex Court judgments and observations made in this judgment. JNF

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