BHAVNA Vs. STATE OF HARYANA

JUDGEMENT

(1.) The prospectus for B.Ed. (Regular Course) 2013-14 was issued for admission in all the Universities of Haryana, namely, Kurukshetra University, Kurukshetra, M.D. University, Rohtak and Ch. Devi Lal University, Sirsa. Ch. Devi Lal University, Sirsa, was authorized to conduct counselling for all the colleges affiliated to the said Universities. The petitioners applied for admission in B.Ed. course vide registration nos.506802, 509051, 506554 and 427993 respectively, deposited requisite fee but could not get admission in the colleges opted by them because seats were already filled. The petitioners approached respondent no.3 to allow them to change their choice of college where seats were still lying vacant. It is alleged that on their request, the Registrar of respondent no.3-University requested the Director General, Higher Education, Haryana, that certain seats are still lying vacant and the candidates who had applied in time may be permitted to take those seats. It is further alleged that though the request was made on 25.10.2013 but no response has been given by respondent no.2 so far.

(2.) Counsel for the petitioners has submitted that as per letter of the Registrar of respondent no.3-University dated 25.10.2013, admissions were made in Phase-I (Govt./Govt. Aided colleges), Phase-II (Self-Financing Colleges) and Phase-III (Govt./Govt. Aided & Self-Financing Colleges) upto the last date i.e. 15.10.2013, as approved by the State Government. The status of admission in the Colleges of Education in the State of Haryana through centralized counselling was that there were 2515 seats in Govt./Govt. Aided colleges against which 2471 students were admitted and 44 seats are lying vacant and against 58670 seats of the Self-Financing Colleges, 57641 students were admitted and 1029 seats are lying vacant. It was also mentioned that approximately 2370 students applied in Phase-III against approximately 20000 seats but allotment of seats could not be made due to excess number of applications for some colleges. It is further submitted that in the earlier sessions, admissions in B.Ed. course were continued up to the middle of December and has made a reference of two decisions of this Court in the case of Association of Education Colleges (Self Financing) of Haryana v. State of Haryana, CWP No.17284 of 2008 decided on 21.11.2008 and in the case of Association of Education Colleges (Self Financing) of Haryana (Regd.) v. State of Haryana and others, CWP No.11272 of 2009 decided on 17.02.2010, to contend that admission has been given in the past with certain conditions even after the cut off date.

(3.) After notice, reply has been filed by respondent nos.1 and 2 in which it is alleged that the State Government has authorized respondent no.3-University for counselling/admission in B.Ed. course for the session 2013-14 and approved the prospectus of B.Ed. admission vide letter no.18/322-2008 UNP(2) dated 30.07.2013 in which it is clearly mentioned that the conditions regarding eligibility/qualification prescribed by the NCTE shall be adopted. The schedule for admission was also categorically given in the prospectus, which is as under:-