Case Note & Summary
The petitioner, Ku. Utkarsha Umesh Deshmukh, a student aged about 18 years, filed a writ petition seeking a direction to Respondent No. 3, the State Common Entrance Test Cell, to provide reservation for Economically Weaker Section (EWS) candidates in the Direct Admission to Second Year of Full-time Undergraduate Degree Course in Engineering/Technology for the Academic Year 2019-20. The court initially issued notice on 17.07.2019, noting the controversy regarding 10% EWS reservation. On 19.07.2019, the Higher and Technical Education Department of the State Government raised an objection that the All India Council for Technical Education (AICTE) had not granted approval for creation of additional posts or increase in intake capacity, and thus 10% reservation could not be made applicable. The court, however, expressed that the policy of reservation is to be implemented by the State Government and AICTE has no role to play in it. The court clarified that if, according to the State Government, AICTE approval is required, the State Government should approach AICTE for such approval. The court directed the State Government to implement the 10% EWS reservation in the direct second year engineering admission for the academic year 2019-20, and the petition was disposed of accordingly.
Headnote
A) Constitutional Law - Reservation - Economically Weaker Sections - Articles 15(6), 16(6) of the Constitution of India - The petitioner sought direction to provide 10% EWS reservation in direct second year engineering admission. The court held that the policy of reservation is to be implemented by the State Government and AICTE has no role to play in it. The State Government cannot refuse implementation on the ground of lack of approval from AICTE. (Paras 4-5) B) Education Law - Direct Admission - Lateral Entry - Reservation - The court directed the State Common Entrance Test Cell to provide for reservation to EWS candidates in the Direct Admission to Second Year of Full-time Undergraduate Degree Course in Engineering/Technology for the Academic Year 2019-20. (Paras 2, 6)
Issue of Consideration
Whether 10% reservation for Economically Weaker Section candidates should be made available for Direct Admission to Second Year of Engineering/Technology courses for the Academic Year 2019-20.
Final Decision
The court directed the State Government to implement 10% EWS reservation in Direct Admission to Second Year of Engineering/Technology for Academic Year 2019-20. The petition was disposed of.
Law Points
- Reservation policy for Economically Weaker Sections
- Applicability of reservation to lateral entry admissions
- Role of AICTE in reservation implementation
