ARYAN INSTITUTE OF MANAGEMENT AND COMPUTER STUDIES AGRA Vs. VICE CHANCELLOR DR B R AMBEDKAR UNIVERSITY FORMERLY AGRA UNIVERSITY AGRA

JUDGEMENT

(1.) ARYAN Institute of Management and Computer Studies, Agra (in brief the institute) is affiliated to Dr. B. R. Ambedkar University, Agra. The institute applied to the State Government for grant of no objection certificate for starting B.Ed. course under self -financing scheme. The State Government granted no objection certificate to the petitioner for starting B.Ed. course under self -financing scheme on 10.2.2000 for the session 2000 -2001. Thereafter National Council for Teachers Education, on 8.8.2000, granted recognition to the petitioner institute for one year for the academic session 2000 -01 with the annual intake of 60 students. The Slate Government, by its policy decision dated 11.11.1997, fixed the number of seats for self -financing institutes. 50% of the seats of the total intake was to be filled by normal category candidates, 35% seats were to be filled under self -supporting category and the remaining 15% seats were to be filled from NRI/NRI sponsored category. The Chancellor, Agra University, Agra also granted affiliation to the institute for imparting education in B.Ed. course under self -financing scheme on 4.11.2000. The affiliation was valid till 2003 and now the institute had been granted permanent affiliation with effect from 3.9.2003. In the session 2000 -01 though seats for 60 students were available at the petitioner institute in B.Ed. course, but only 39 students took admission and the remaining 21 seats remained unfilled. In pursuance of Government order dated 14.12.1999 the remaining 21 seats were filled by the petitioner. The result of the students was declared by the respondents.

(2.) THE dispute in this petition is with regard to session 2001 -02. The entrance test for admission to B.Ed. course was held by the university and the students selected according to merit were sent to various colleges including the institute. On 3.12.2001 the University sent the first list of 30 candidates for normal category seats. Out of these 30 candidates only 11 appeared and took admission. The institute informed the university on 14.12.2001 that further names be sent for remaining 19 seats. The university sent another list on 27.12.2001 of 20 candidates under the normal category. Out of these only 7 students took admission and 12 seats remained vacant. This was informed by the institute to the university on 11.1.2002 and a request was made that a third list of 12 candidates be sent for admission on normal seats. And if the list was not received timely from the university, the institute would fill the seats itself under the Government order. But the university did not send any list to fill the vacant seats of normal category candidates. However, two students Awadhesh Kumar and Neeraj Kumar were admitted on 30.12.2001 and 27.12.2001 respectively on the normal category seats. The university sent a list of 21 students of self -supporting category on 4.1.2002. Out of these 21 candidates no one turned up for admission. This was informed to the university by the institute on 11.1.2002 and it was requested that another list be sent. The University sent the second list of self -supporting category on 15.1.2002 of 21 students, but again no one took admission. The institute again informed the university for sending the third list. The university sent a third list of 22 candidates under the said category on 31.1.2002. Out of these 22 candidates only three candidates turned up and took admission on self -supporting seats. The institute filled 20 normal category seats from the list sent by the University, 3 self supporting seats from the list of the University. Total 23 seats were filled by the institute from the lists sent by the University. The institute admitted 9 students under NRI category by placing reliance on a Government order dated 14.12.1995. The institute admitted 28 candidates who were from outside the merit list and largely from the students who had not appeared in the B.Ed. entrance examination. Therefore, the total seats filled by the petitioner institute for B.Ed. course for the session 2001 -02 were 60. When their forms were sent to the University, the University rejected the forms of the students whose names did not find place in lists sent by the University. The institute filed instant writ petition in this Court on 29.8.2002, and by an interim order this Court permitted all the students who were admitted by the institute to appear in the examination subject to the decision of the writ petition. On 14.6.2002 the University informed the institute that on 31 seats illegal and irregular admissions have been made by the institute though the admission lists had been sent by the University and was available with the institute, and inspite of the information sought by the University about admissions no reply was given by the institute. Therefore, those students who had been admitted from outside the merit list sent by the University, their admission was directed to be cancelled immediately and the remaining seats were directed to be filled from the lists sent by the University otherwise the students who were admitted by the institute from outside the lists sent by the University, would not be permitted to appear in B.Ed. examination and the petitioner's temporary recognition would not be extended. The institute was directed that an affidavit of Principal and Joint Secretary be filed before the University to the effect that in future admissions will be made only from the list sent by the University. It is this order dated 14.6.2002, Annexure -15 to this writ petition, which has been challenged in the instant writ petition.

(3.) LEARNED counsel for the petitioner has urged that the institute tried to admit the students from the list sent by the University, but since no one was coming forward the list was again called from the University. So far as normal seats are concerned the University did not send the third list inspite of demand made by the institute. With regard to self -supporting seats, the University sent a third list. The last date for admission for self -supporting seat was 31.1.2002 and thereafter no list was sent by the University to the petitioner's institute. Thereafter, the institute admitted 28 students from outside the merit list prepared for B.Ed. training course. It is urged that the Government order dated 14.2.1999 clearly provides that on the vacant seats non -aided colleges and private institutes would grant admission themselves. He placed reliance on the order of the Apex Court in State of Himachal Pradesh and Ors. v. Himachal Institute of Engineering and Technology, Shimla, (1998) 8 SCC 501.