AJAY HASIA ETC. versus KHALID MUJIB SEHRAVARDI & ORS. ETC.

AJAY HASIA ETC. versus KHALID MUJIB SEHRAVARDI & ORS. ETC.

The Jammu & Kashmir Regional Engineering College, though registered as a society, is so pervasively controlled and funded by government that it constitutes a 'State' under Article 12, and is thus amenable to constitutional obligations. The allocation of 33 1/3% of total marks for viva voce is arbitrary, but the selections for 1979-80 are not interfered with due to lapse of time. For future selections, allocation above 15% for viva voce is unconstitutional. The different procedure for admission does not violate Article 14 per se, unless it is arbitrary.

Parties
Petitioner: Ajay Hasia; Respondent: Khalid Mujib Sehravardi & Ors.
Jurisdiction
India
Judgment Date
13 November 1980
Procedural Posture
Writ Petition / Final Decision
Outcome
writ petitions dismissed
Legal Topics
Definition of 'state' Under Article 12, Arbitrariness in State Action, Fundamental Rights, Admissions in Educational Institutions
Constitutional Law Educational Law Definition of 'state' Under Article 12 Arbitrariness in State Action Fundamental Rights Admissions in Educational Institutions

Case Brief

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Parties

Ajay Hasia

Petitioner

Khalid Mujib Sehravardi & Ors.

Respondent

Procedural Posture

Writ Petition / Final Decision

Legal Issues

  1. 1 Whether the Jammu & Kashmir Regional Engineering College, registered as a society, is a 'State' within Article 12 of the Constitution and amenable to writ jurisdiction
  2. 2 Whether allocation of 33 1/3% of total marks for the viva voce test is arbitrary and unreasonable
  3. 3 Whether prescribing different admission procedures for candidates belonging to Jammu & Kashmir and other States violates Article 14

Ratio Decidendi

The Jammu & Kashmir Regional Engineering College, though registered as a society, is so pervasively controlled and funded by government that it constitutes a 'State' under Article 12, and is thus amenable to constitutional obligations. The allocation of 33 1/3% of total marks for viva voce is arbitrary, but the selections for 1979-80 are not interfered with due to lapse of time. For future selections, allocation above 15% for viva voce is unconstitutional. The different procedure for admission does not violate Article 14 per se, unless it is arbitrary.

Court Disposition

writ petitions dismissed

Orders

  • Best fifty students from 1979-80 who failed admission will be granted admission for academic year 1981-82 in addition to normal intake.
  • Each party to bear its own costs of writ petitions.