DIVYA COLLEGE OF EDUCATION Vs. STATE

JUDGEMENT

(1.) Petitioner-college is an affiliated Non- Government B.Ed. College of Jammu University (for short, University) with sanctioned intake capacity of 334 students. The admission of students to the petitioner-college and other private unaided B.Ed colleges is made by the Central Admission Committee of the University in accordance with the procedure known as Centralized Counselling. In terms of the aforesaid procedure, all the aspirants for admission to B.Ed. Course in private B.Ed. colleges apply to the University, are selected on the basis of their merit, participation in counselling and allotted to private colleges as per their preference.

(2.) The University on 14th June, 2011 issued a notification inviting applications from aspirants for admission to B.Ed Regular Course, its affiliation in Non - Government B.Ed Colleges for the Session 2011-2012. In all, 18368 (twenty five thousand) candidates responded to the advertisement and out of the candidates, who appeared for counselling, 14154 candidates were admitted and allotted to different colleges as per their choice. In all, 6870 seats in different private B.Ed. colleges remained unfilled. Of candidates selected, only 18 candidates opted for the petitioner-college. In view of the option exercised by the candidates, 292 seats available in the petitioner-college remained unfilled.

(3.) The Association of private B.Ed colleges run under name and style of 'Forum of Recognized Colleges' (for short, Forum) facing the same problem as faced by the petitioner-college, issued a notice on 20th December, 2011 signifying its intention to make admissions on its own by spot counselling against the left over seats as per eligibility criteria laid down by the University but without involving Central Admission Committee of University. The notice dated 20th December, 2011 found sharp reaction from the University. The University through a public notice dated 20.12.2011 published on 21.12.2011, reminded the aspirants for the B.Ed Course that admissions proposed to be made by the Forum were unauthorised and violative of the University statute.