VEER BAHADUR SINGH MAHILA MAHAVIDYALAYA Vs. STATE OF U.P. THRU. ITS SECY. DEPTT. OF HIGHER EDUCATION & ORS.

JUDGEMENT

(1.) HEARD Mr. Vivek Raj Singh, learned Counsel for the petitioner, Mr. Sanjay Sarin, learned Standing Counsel, Mr. S. P. Shukla, learned Counsel for the University and Mr. M.M. Asthana, learned Counsel for National Council for Teacher Education.

(2.) THE petitioner's institution has been granted recognition on 17.6.2011 for conducting B.Ed. course with an intake of 100 seats under clause 7 (11) of the National Council for Teacher Education (Recognition Norms & Procedure) Regulations, 2009. Thereafter, a corrigendum was issued on 18.7.2011 to correct the aforesaid order in which the name of the University was corrected from Chhatrapati Sahuji Maharaj University, Kanpur to Lucknow University, Lucknow. After receipt of corrigendum, the petitioner's institution approached the Lucknow University on 20.7.2011 for inclusion of its name in the ongoing counselling of B.Ed. course for the Academic Session 2011 -12.

(3.) ACCORDING to the petitioner, after the issuance of Formal Recognition order on 17.6.2011 by the Northern Regional Committee under Regulation 7 (11), the Affiliating University was under an obligation to grant affiliation to the petitioner's institution in view of Regulation 8 (12) of the Regulations 2009. In the meantime, on 22.7.2011, the Hon'ble Supreme Court in Special Leave Petition (Civil) No.13040 of 2010, observed that the organizing university will provide students only to the existing B.Ed. college and all those B.Ed. Colleges which will get affiliation upto dated 7.7.2011 will not be considered for counseling to the year 2011 -12 and for the next consecutive years and onward the colleges which will be get affiliated on or before 10th of May of that year, would be considered for counseling, but the Registrar, Lucknow University, Lucknow wrote a letter to the Manager of the petitioner's institution stating therein that in pursuance of the meeting of the Executive Council, the Vice -Chancellor has given approval to the petitioner's institution for allotting 100 seats for B.Ed. course for the Academic Session 2011 -12, in spite of the orders passed by the Apex Court in specific terms. Subsequently, the petitioner filed a Special Appeal No. 603 of 2011 and this Court, while disposing of the appeal, vide judgment and order dated 30.8.2011, directed that the Executive Council of the University shall communicate its decision to the Government, possibly at the end of day or latest by 1st September, 2011. On receipt of decision, the application of petitioner shall be considered in light of the direction, as above, as also the complete text of the order of Hon'ble Apex Court dated 22.7.2011 within a time -frame of 3 days as directed in the said order. Without waiting for the recommendations of the Executive Council, the State Government passed the order, dated 31.8.2011, which is impugned in the instant writ petition.