LAWS(P&H)-2009-10-127

BHIM RAO AMBEDKAR EDUCATION SOCIETY (REGD ), KHERI MARKANDA, KURUKSHETRA Vs. KURUKSHETRA UNIVERSITY, KURUKSHETRA AND OTHERS

Decided On October 07, 2009
BHIM RAO AMBEDKAR EDUCATION SOCIETY (REGD ), KHERI MARKANDA, KURUKSHETRA Appellant
V/S
Kurukshetra University, Kurukshetra and Others Respondents

JUDGEMENT

(1.) All these petitions are directed against the orders passed by the respondent--University to disaffiliate the petitioners for the Session 2008-2009 and debarring them from participating in the admission process to B.Ed. (Regular) Course for the above session. All the impugned orders contain a common ground for initiating action against the petitioners. Thus, all these writ petitions are being disposed of with this common judgment.

(2.) The petitioners are institutions run by the societies/trusts established in the State of Haryana in different areas to impart Education. All the institutions are duly recognized by the NCTE and were affiliated to the Kurukshetra University, Kurukshetra. For the academic Session 2008-2009, the respondent-University had conducted a Common Entrance Test for making admissions to these institutions against their respective intake capacity. After holding the Common Entrance Test and the counseling, students were allocated to various institutions including the petitioners. However, a number of seats remained unfilled which seems to have persuaded the Association of Education Colleges (Self Financing) of Haryana to approach this Court through the medium of CWP No. 17284 of 2008. This writ petition was disposed of by a Division Bench of this Court,--vide order dated 21st November, 2008 wherein a number of directions were issued. However, for the purpose of the decision of the controversy involved in these cases, direction No. iii is relevant, which is reproduced hereunder:--

(3.) It is alleged that the petitioners made admissions for the academic Session 2008-2009 within the stipulated period prescribed by this Court and also submitted the lists of the admissions made, to the Kurukshetra University. It is, however, admitted position of the parties that the lists were received by the respondent-University from 8th December. 2008 onwards. The university on its part interpreted the aforesaid direction of this Court and found that the lists of the admissions made having been submitted beyond 5th December, 2008, the petitioners have violated the direction of this Court and the petitioners are liable for action for disaffiliation. Consequently, the petitioners were served with letters. One of such letters is dated 24th January, 2009 (Annexure P-1) issued to the petitioner in the present petition (CWP No. 10761 of 2009). The contents of the letters are as under :--