PATEL NIMESHBHAI JASHUBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) .Both these petitions under Art. 226 of the Constitution are filed by the students of C. P. Ed. (Certificate Course in Physical Education) and D. P. Ed. (Diploma Course in Physical Education) admitted in the respondent No. 2-institution; praying for a writ of mandamus directing the respondent No. 5 (State Examination Board) to declare the results of the examinations of the petitioners conducted in April, 1999. By way of interim relief, the process which was to start from 7-11-2000 for admitting the students in the respondent No. 2 institution for the year 2000-2001 was stayed. Both me petitions are by consent of the parties, heard and disposed together by this common judgment.

(2.) Sharirik Shikshan Mahavidyalaya, run by a public trust (in short 'theCollege') obtained approval of the State Government, for commencing the courses of C.P.Ed, and D.P.Ed., in the form of the Resolution dated 12-8-1998 which contained the pre-condition that for the academic year 1998-99, no grants would be given to it and the institution shall be exempt from the central admission system in the matter of admission process. The institution was also required to give public notices regarding the admission in daily newspapers and the admissions were required to be strictly on merits. The principal of the College published an advertisement and the students like the petitioners applied and obtained admissions in the said courses in the said year. Subsequently, by the letter dated 6-4-1999, the Government intimated the Trust that it was compulsory for the institutions that started after the year 1995 to obtain approval from the National Council of Teachers Education (for short 'N.C.T.E.,') and that the College having not obtained such approval, the students of D.P.Ed, from it were not to be allowed to appear in the examinations commencing from 22-4-1999. The D.P.Ed., course being only of a year's duration, the said examinations were the final examinations for the students of that course.

(3.) The College had already applied for appropriate recognition and permission of the N.C.T.E., in the prescribed form with the requisite fee on 3-11-1998. After the inspection and fulfilment of requirements, the College was, by order dated 31-10-2000, granted recognition for the C.P.Ed., course of two years' duration for the academic session 2000-2001, with an annual intake of 40 students, subject to fulfilling certain conditions which included the condition to admit only those candidates who were eligible as per the regulations governing the course and in such manner as may be laid down by the State Government. Before the said order granting recognition, which was to be published in the Gazette of India, the N.C.T.E., had, vide letter dated 28-9-2000, intimated to the State Inspector for Physical Education that the Western Regional Committee of N.C.T.E., had decided to grant recognition/permission to the College at the new address subject to the conditions which included a condition that the system of centralised admission was to be followed for the year 2000-2001 and the admissions should be given only to those candidates who were eligible as per N.C.T.E., norms and in accordance with the rules laid down by the State Government.