GOLD FIELD COLLEGE OF EDUCATION BANGARPET KOLAR DISTRICT Vs. DIRECTORATE OF STATE EDUCATION RESEARCH TRAINING BANGALORE

JUDGEMENT

(1.) THE first petitioner-college and its students, petitioners 2 to 10, have filed these petitions praying for issuance of a writ in the nature of certiorari quashing Annexure-F, dated 5-5-2001, issued by the first respondent insofar as it relates to refusing approval of the candidates mentioned at SI. Nos. 19 to 28.

(2.) THE first petitioner-college imparts education leading to B. Ed. degree at K. G. F. , Kolar District from the year 1974. The college is affiliated to the Bangalore University. After coming into force of the National council of Teacher Education Act, 1993 (for short 'nctea'), the first petitioner-college was recognised by the N. C. T. E. The affiliation was granted by the Bangalore University by its letter dated 26-12-2000. Subsequently, the Government of Karnataka continued the affiliation as sanctioned by the University under Section 53 (9) of the Karnataka State universities Act, 1976 and determined the intake of students for the first petitioner-college as 37 for the year 2000-01 by its order dated 10-1-2001. Out of the said 37 seats 19 seats were Government seats which had to be filled up by the centralised admission cell and remaining 18 had to be filled up by the management. The Government sent up only 8 students out of the 19 seats to be filled up by centralised admission cell. The first petitioner-college waited till the last date fixed for admission and on 6-2-2001 filled up 9 seats out of the 11 Government seats still remaining unfilled. After admission and scrutinisation of the papers submitted by the students the college sent the list of admitted students to the first respondent for approval. The first respondent by its letter dated 5-5-2001 refused to grant approval to the 9 students who were admitted to the course on 6-2-2001 on the ground that the college had not obtained prior permission from the Government for filling up of" unfilled Government seats as stipulated in Rule 7, clause (8) of the karnataka Selection of Candidates for Admission to T. C. H. and B. Ed. Rules, 1999 ('the Rules' for short ). Aggrieved by the refusal of the first respondent to grant approval to the 9 students, the college and the students have preferred these petitions.

(3.) THE respondents have filed two objection statements taking a common ground that the admissions made in excess of the management quota was in contravention of Rule 7 (8) of the Rules and, therefore, the rejection by the first respondent of those admissions is in conformity with the rule and, therefore, no interference is called for in these petitions.