Petitioner association challenged vacant B.Tech seats post-OJEE. Court held relaxation of norms lies with AICTE and State Government. Directed respondents to decide on extending PGDM relief to B.Tech within seven days.
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W.P.(C) NO.35562 OF 2020
03. 24.12.2020 This matter is taken up through video conferencing.
“All India Tests i.e. CAT, XAT, CMAT, ATMA, MAT, GMAT along with the 7th option of Common Entrance Test of the respective State are the qualifying tests for admission into
BP
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PGDM Course. In many of the States, some of the above entrance tests could not be conducted due to fear of spread of Corona Virus and there is no indication as to whether these tests are postponed or likely to be held or cancelled etc.
AICTE, being more a facilitator than a regulator considered alternative proposition through which selection of the students could be made for admission into PGDM course which will benefit both the Institutions as well as the students.
Therefore, in the current scenario, the PGDM/MBA Institutions are allowed to admit the students on the basis of marks obtained in qualifying examination by preparing a merit list in a transparent manner.
However, first preference will be given to those candidates who have appeared in any of the entrance tests mentioned in the APH 2020-21 and qualified irrespective of their marks secured in degree as long as minimum marks as per APH 2020-21 are secured.
If vacant seats are still available, candidates shall be selected based on the merit in the qualifying UG exams. The States may also use this relaxation while allotting seats through counseling.
It may be noted that this relaxation to the PGDM/MBA Institutions shall be applicable only for the AY 2020-21, this cannot be taken as a precedent for the future academic years.”
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S.Panda, J.
K.R.Mohapatra, J.
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2 issues framed by the court
Whether the Court can direct AICTE and State Government to extend AICTE relaxation for PGDM/MBA admission to B.Tech Engineering stream.
Whether the decision on relaxing B.Tech admission norms lies within the domain of AICTE and State Government.
OPECA
Opposite Party No.1
All India Council for Technical Education
Opposite Party No.4
S.Panda
K.R.Mohapatra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
