Chandigarh: HC turns down plea for OBC quota in UIET, CCET courses
The plea was from a student, who was seeking admission to engineering courses being run by University Institute of Engineering Technology (UIET) and Chandigarh College of Engineering and Technology (CCET ) under the OBC category
The Punjab and Haryana high court has dismissed a plea seeking directions for giving Other Backward Classes (OBC) reservation in engineering courses run by University Institute of Engineering Technology (UIET) and Chandigarh College of Engineering and Technology (CCET).
“Reservation rules of the Chandigarh administration and Panjab University not providing reservation for SEBC/OBC category, in admissions to the institutions under it, is a matter of policy decision and does not vest any right in the petitioner to seek issuance of mandamus to grant such reservation,” the high court bench of chief justice Sheel Nagu and justice Vikas Suri said while dismissing a 2023 plea from a student.
“It is ultimately for the State to provide for reservation for a particular class/category and no State can be compelled and/or no writ of mandamus can be issued directing the State to provide for reservation for a particular class or category. A writ of mandamus can only be issued where a legal right vests in the petitioner and there is a violation of that right by the government. Where a legal right is violated by a government order made pursuant to an existing reservation policy, a writ of mandamus can lie. However, the court cannot interfere in the policy making sphere of the government and instruct it to provide reservations,” the bench further added.
The plea was from a student, who was seeking admission to engineering courses being run by these two institutes under the OBC category. His argument was that Chandigarh administration had issued and was still issuing OBC certificates to the residents of Chandigarh, but the administration was not providing reservation in CCET, Sector 26, and UIET, Sector 25, whereas the same has been accepted in 15% All-India Quota even for institutes affiliated with Panjab University, which is discriminatory.
The court said as held earlier by the high court, Panjab University was neither a central university nor centrally funded university under any law. “...in our considered opinion, the provisions of Central Educational Institutions (Reservation in Admission) Act, 2006, would not extend to the institutes/university in question and thus, the reservation provided under Section 3 thereof, would not be applicable in the case at hand,” it said, referring to 2006 Act, as per which central education institute means a university established or incorporated by or under a Central Act or an institution maintained by or receiving aid from the central government, among other conditions.
It also added that CCET also did not come under the ambit of the 2006 law.
CCET and UIET are under the administrative control of the Chandigarh administration and Panjab University, respectively. It is to be noted that recently, PU had mooted a proposal to provide 27% reservation to OBCs in admissions. However, it is yet to be approved by the apex governing body of the institute.
The court further said there was no rationale in the argument that just because Chandigarh administration was issuing OBC certificate to the residents of Chandigarh, it ought to provide for reservation in admissions for the said category dehors their policy decision on reservation.
“On the contrary, the administration would do disservice to the class of citizens if it does not issue the requisite certificate, as it would curtail the right of a candidate seeking benefit on the basis of such certificate in institutions providing reservation for OBC category, in admissions or service matters,” it added.