NAGARAJAPPA G Vs. CENTRALIZED ADMISSION CELL REP

JUDGEMENT

(1.) THE Writ Petitioners are students who have been selected by the Centralised Admission Cell (herein after referred to as Admission cell for brevity) for admission to Bachelor of Education Course (B?ed)for the academic year 2002-03. The I respondent along with respondents 3 and 4 directed the 6th respondent college to admit these students in its college under the Government quota. When the students approached the 6th respondent, it refused admission on the ground that the college had already filed up all the seats both under the management and Government quota. This refusal is questioned in these Writ Petitions and the petitioners have also sought for a Writ of mandamus by directing 6th respondent to admit them to its college.

(2.) BY an ex-parte interim order of this Court the 6th respondent was directed to admit the students.

(3.) 6th respondent college has filed detailed statement of objections. It has stated in the objection statement that it is a Religious and linguistic minority? institution entitled to establish its own institution under Article 30 (1) of the Constitution of India; That the college has started to impart education in the B?ed course from the present academic year by an order of the State Government dated 27. 12. 2002 with an intake capacity of 100 students out of which 50% of the seats has to be filled up by the college under what is known as the Management quota? and the rest of 50% seats to be filed up by the State Government under the State Government quota. As per the calendar published by university dated 24. 1. 2003, the first term course should commence from 26. 12. 2002, that the admission of the students should commence from 25. 1. 2003 and the last date for admission with fine was 31. 1. 2003. The I respondent had initially sent a list of 36 merited students for admission as against its quota of 50 students. The college in obedience to the said intimation admitted all the 36 students and since it did not receive any further communication regarding the admission of the remaining 14 students even though it had waited up to 25. 1. 2003, the college bonafide felt that it can admit 14 students meant to be filled up under the Government quota, on its own and accordingly admitted the remaining 14 students on 25. 1. 2003 and 27. 1. 2003. Thus the entire intake of 100 students came to be filled up by the college and there are no seats available. It is only on 8. 2. 2003 after the entire 100 seats was filled up, the first respondent sent a further list of 9 students i. e. , the Writ Petitioners herein with a direction to admit them in their college by which time all the seats were filled up, the college was helpless. It is under these circumstances, the college refused admission.