AMRIT BHUSHAN SINGH Vs. STATE OF U P

JUDGEMENT

(1.) In this bunch of writ petitions, petitioners have approach this Court requesting therein to admit and grant admission to petitioners in B.Ed. Course and further writ in the nature of mandamus be issued by awarding compensation in favour of the petitioners.

(2.) Brief background of the case is that State Government authorized Dr. B.R. Ambedkar University, Agra to conduct Joint Entrance Examination for B.Ed. Course, 2008-2009. Pursuant to the said authorization given by the State Government, Dr. B. R.Ambedkar University, Agra on 20.8.2008 issued advertisement for holding of combined examination. A corrigendum was also issued again on 13.9.2008 wherein date of joint entrance examination was fixed for 19.10.2008. Each one of the petitioners claim that they undertook aforementioned joint entrance test on 19.10.2008 and thereafter, result of aforementioned examination was declared and said result was pasted on official website of Dr. B.R. Ambedkar University, Agra. Deen Dayal Upadhyay Gorakhpur University, Gorakhpur was assigned as counseling center to all the petitioners and said University in its turn enabled the petitioners to complete their admission formalities as per their rank from the list of the colleges shown by the authorities. Each and every information of the counseling i.e. center of the counseling, date and admission for counseling was available on the website of Dr. B.R. Ambedkar University, Agra. Petitioners appeared at Deen Dayal Upadhyay Gorakhpur University, Gorakhpur for counseling and out of 30 colleges available on the website, Serial No. 1 to 27 were affiliated with Deen Dayal Upadhyay Gorakhpur University, Gorakhpur, while colleges of Serial No. 28 to 30 were affiliated with Veer Bahadur Singh Purvanchal University, Jaunpur. Petitioners deposited requisite counseling fee of Rs. 500/- with the counseling centre whereupon registration slip was issued in favour of each one of the petitioner. Petitioners of Civil Misc. Writ Petition No. 677 of 2010, Writ Petition No. 62549 of 2009, Writ Petition No. 17311 of 2010 and Writ Petition No. 15915 of 2010 gave choice for Dulari Devi Degree College, Bhikhampur, District Deoria, whereas petitioners of Civil Misc. Writ Petition No. 4192 of 2010 gave choice for Lal Bahadur Shastri Smarak Post Graduate college, Anand Nagar, Mahrajganj. Petitioners were allocated institution of their choice and they got admission by provisional allotment of seats and petitioners were asked to report to their respective colleges by 27.4.2009 for admission, failing which provisional allotment of seat was to be considered as cancelled. Petitioners claim that within the time frame provided for, they approached their respective institution, joined the same and they have been attending the college and perused the course regularity. Petitioners while pursuing their study, acquired knowledge that institution in question had no authority to take admission of B.Ed. Course for the academic year 2008-2009 and in view of absence of recognition by N.C.T.E. under N.C.T.E. Act, 1993 their pursuing of studies in the institution in question is of no consequence, In this background complaining that it is matter of public fraud by statutory body, as in spite of fact that institution was not at all accorded recognition by N.C.T.E., said institutions were shown in the list of the institution wherein admissions were to be offered through State Sponsored Joint Entrance Examination of B Ed. and in unrecognized colleges, petitioners have been sent for admission and in such a situation request had been made for justice being done by according relief as has been claimed in the bunch of writ petitions. At this juncture with the prayer mentioned above, present bunch of writ petitions have been filed.

(3.) In respect of stand taken by the University, qua Dulari Devi Decree Colleg Bhikhampur, District Deoria counter affidavit has been 'filed on behalf of the Deen Dayal Upadhyay Gorakhpur University, Gorakhpur and therni it has been stated that siad institution moved an application for grant of recognition for B.Ed Corse and submitted application form to N.C.T.E. for the year 2006. communication dated 30.11.2006 was received from N.C.T.E. addressed to Education Secretary, Government of U.P. Lucknow and Department of Higher Education wherein request was made that recommendation of the State Government may be furnished to the Regional Committee within stipulated period. The Manager of the institution on 25.8.2009 sent a letter mentioning therein that college has received recognition from the N.C.T.E. for B.Ed course vide communication dated16.8.2007 and the college has issued advertisement for appointment of Lecturer and Head of the Department and University may nominate subject expert to facilitate appointment of Head of the Department and teachers in the subject. By another communication dated 25.8.2007 Manager of the institution requested that since it has got recognition from N.C.T.E. for conducting B.Ed. Course for 100 intake vide communication dated 16.8.2007 as such an inspection team be constituted for making on the spot inspection of the institution for grant of affiliation. On 6.9.2007 the Manager of the institution requested the Vice Chancellor of the University to nominate the subject expert for B.Ed course as the advertisement of teachers had already been published. The University, on 15.9.2007 nominated the subject expert for B.Ed. Course. The Registrar of the University on 28.9.2007 asked the Inspection team constituted by the Vice Chancellor of the University to submit report after inspection of the institution. On 28.9.2007 the Registrar of the University also informed the Manager that appointment of teachers have been approved. State Government accorded temporary affiliation under Section 37(2) of the Act fora period of one year w.e.f. 1.7.2007. The manager of the institution on 24.12.2007 informed the Registrar that teachers have been appointed in B.Ed. Department according to the norms and the appointment of the Head of the Department would be finalized within a period of one month and it was requested that the permission to run classes be given. University vide communication dated 24.12.2007 gave permission to the institution to run classes in the B.Ed. Course by taking admission of the students from the Joint entrance examination conducted in the State of UP. It was categorically stated that the conditions as mentioned in the communication dated 20.12.2007 sent by the State Government is to be fulfilled by the institution, otherwise the affiliation of the college would be revoked. Later of the appointment of the Head of the Department was approved by the Vice Chancellor of the University in pursuance to the recommendation of the Selection Committee dated 6.3.2008. Manager of the institution on 23.7.2008 requested for constitution of the inspection team for grant of permanent affiliation in B.Ed. Course. Inspection team was constituted by the Vice Chancellor in accordance with the Government Orders dated 27.10.2002 and 21.10.2005. Thereafter, Registrar of the University vide communication dated 11.8.2008 directed the member of the inspection team to give report after on the spot inspection of the institution. Thereafter, permanent affiliation was accorded by the State Government vide order dated 8.12.2008. Subsequent to the same it was informed that information regarding recognition is not being shown on the Internet and in such a situation it was resolved to get information regarding recognition through special messenger from the Northern Regional Office of N.C.T.E., Jaipur. While said exercised was on going, Manager of the college produced photo copy of the letter dated 9.11.2009 in the office of the University on 25.11.2009. Said letter was sent to the counsel for the University, and the same was filed alongwith short counter-affidavit on 26.11.2009. The genuinty of the said document was inquired through counsel for the N.C.T.E. who after obtaining, inspection informed that document dated 9.11.2009 is a forged documents. Thereafter, manager was asked to show cause qua his conduct. Not only this Manager filed affidavit on 18.1.2010 wherein he has reiterated that the college had been accorded recognition from N.C.T.E. for conducting B.Ed. Course from the academic Session 2007-2008 vide letter dated 16.8.2007 and as such the admission taken by the college for the academic session 2007-2008 is completely legal. Thereafter, details have been given qua the action taken by the University against the Management of the University.