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The court passed the order after upholding the decision of the Pravesh Niyantran Samitee levying a penalty on for not following the Central Admission Process (CAP). The court however, reduced the penalty amount of 10 per cent (Rs 22. 5 Lakh) of the fees collected to five per cent. Although the court was of the view that the action taken by the committee against the colleges was lenient, it was of the view that levying a heavy penalty would cause the facilities in the colleges to take a beating which would prove disadvantageous to the students.
Challenging the decision of the Samiti the colleges had contended that they had the power to follow an independent admission process as they are a Gujarati linguistic minority college. However, Associate Advocate General Ashutosh Kumbhakoni opposed their contention saying that the “single window system” of a common entrance test was mandated by the Supreme Court and it was impermissible for these colleges to follow an independent admission process.
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