HEM DEEP SHARMA Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) THIS judgment shall dispose of the writ petition filed by the petitioner under Articles 226/227 of the Constitution of India praying therein for issuance of directions to the respondents to admit the petitioner for B.Ed. Course in any of the colleges affiliated to the respondents.

(2.) IT has been alleged by the petitioner that he did his matriculation in the year 1997 and graduation in the year 2005 obtaining 51.50% marks. The petitioner alleged that he could not appear in the entrance test conducted by the H.P. University for filling up the seats for B.Ed. Course. He alleged that he was eligible for applying to the B.Ed. course and he prayed that he should be given admission to the B.Ed. Course on the basis of marks obtained in graduation, waiving of the condition of 35% marks obtained in the entrance test since a number of seats are lying vacant and, therefore, the petitioner should be permitted to get admission on the basis of the marks obtained in the qualifying examination. Hence the writ petition filed by the petitioner seeking direction to the respondents to relax the condition of the entrance test since the seats with respect of Himachali quota are still lying vacant.

(3.) IN reply by respondents No. 2 and 3, they admitted that the petitioner was entitled to admit 60 students. They further pleaded that they had conducted the Counseling for MCA Course for petitioner Institute firstly on 13th October, 2007 and secondly on 14th October, 2007, as per the criteria laid down in the Hand Book of Information. It was further submitted that the candidates were accordingly sponsored to the petitioner Institute as per the merit of the entrance test. However, since the date sheet for the conduct of examination of MCA Course 1st Semester has already been issued and the examination has to start w.e.f. 28th November, 2007, all the students admitted in the MCA Course are required to complete 75% lectures and the Institution had to conduct classes at least for 180 days. Thus, the students cannot be sponsored at this stage by having fresh entrance test or permitting the petitioner Institute to admit the students. They also pleaded that in case of LLB Course, as per Ordinance 1.4 of the Himachal Pradesh University First Ordinances, 1973, the Vice Chancellor was entitled to allow admission to LLB./B.A. LL.B. (Hons.) Courses to be made on academic merit and, therefore, same criteria cannot be applied for admission to MCA Course. The respondents in their reply also relied upon the judgment of this Court in Dreamz College case that no Counseling can be permitted after the last date and no students can be admitted midstream even if the seats are unfilled.