Supreme Court of India
R.V. RAVEENDRAN & A.K. PATNAIK, JJ.
Collage of Professional Education & Others
Versus
State of Uttar Pradesh & Others
Civil Appeals No. 5914 of 2011 with Nos.5915-16 and 5918 of 2011
Decided on : 22-07-2011
Constitution Of India,1950 - claims and contentions - Department of Higher Education - State Government not sending students, can be filled subsequently by the management. In regard to any seat for which the student has been sent, if such student is not admitted, the college concerned shall seek replacement from the State Government within one week of intimation for replacement. For the academic years 2012 onwards, the parties agree that they will hold further discussions and the State will then submit a fresh schedule for those years. The learned counsel for the applicants/students (in regard to Session 2009-2010) submit that they will give a representation to the State Government for verifying whether they have undergone the course and whether some relief can be granted to them. Adjourned by four weeks.”)
4. In regard to admissions for academic session 2012-2013 and subsequent academic years –Held, Counsel for the State of U.P. that common entrance examination has already been held for academic session 2010-2011 and the process of admission will commence shortly. We adjourn the matter to enable the State to complete the admission process. If the State feels to do so, the petitioner can always seek appropriate direction for filing the seats from the State List. Adjourned by three weeks.”) that “as far as the academic session 2009-2010, the matter has become infructuous” is likely to be misinterpreted to their prejudice.
Court had recorded their submission that they will give representations to the State Government for verifying whether they were admitted for the Session 2009-2010 and whether they have undergone the course and to consider whether some equitable relief could be extended to them. The students/applicants submit that though they gave such representations, the State Government has not given any relief to them. Some of the representations have been rejected and remaining are stated to be still pending. They submit that dismissal of the SLPs on the basis of broad consensus between the appellant Colleges and the respondents leave them without any relief, as their grievance is not addressed – appeal disposed
Judgment :
1. Leave granted. Heard.
2. These appellants challenge the judgment dated 23-3-2010 passed by the Allahabad High Court, which quashed the Government Order dated 15-10-2009 issued by the State Government declaring the Session 2009-2010 for BEd courses as “zero year”, but declined to grant relief to the students admitted to BEd courses for the year 2009-2010.
3. In regard to admissions for 2011-2012, the following time schedule was agreed, as recorded in the interim order dated 11-3-2011 (Collage of Professional Education v. State of U.P., SLP (C) No.13040 of 2010, order dated 11-3-2011 (SC), wherein it was directed:):
“The learned counsel for the State of U.P. submits that for the current academic year the following schedule will be adopted:
It is stated that any seat that remains unfilled on 14-8-2011 on account of the State Government not sending students, can be filled subsequently by the management. In regard to any seat for which the student has been sent, if such student is not admitted, the college concerned shall seek replacement from the State Government within one week of intimation for replacement. For the academic years 2012 onwards, the parties agree that they will hold further discussions and the State will then submit a fresh schedule for those years. The learned counsel for the applicants/students (in regard to Session 2009-2010) submit that they will give a representation to the State Government for verifying whether they have undergone the course and whether some relief can be granted to them. Adjourned by four weeks.”)
4. In regard to admissions for academic session 2012-2013 and subsequent academic years, the institutions and the State Government have arrived at a broad consensus regarding the procedure, the terms of which have been set out in the affidavit filed by Dr R.K. Gupta, Associate Professor, Department of Higher Education, Government P.G. College, Noida on behalf of the State of U.P. The terms agreed are as under:
(i) To ensure that all seats in the colleges are filled through counseling pursuant to entrance examination, the colleges are required to update their websites daily and display the number of students admitted as well as the number of seats vacant. For this purpose, each college shall have an official website giving the details of total sanctioned seats, bank account, etc. During the course of counselling, they will update their official website on day-to-day basis regarding vacant seats after admissions. The colleges shall also communicate the said particulars on daily basis to the Registrar of university (examination conducting body) concerned through e-mail/telephone/fax.
(ii) Every college will display its bank account number and its name on its website and also provide to the university (the examination conducting body) concerned. Any student, who is allotted to a particular college through counselling after the BEd joint entrance examination, will deposit his fees directly with the CBS Branch of the said bank account of the college to which he is allotted, within three days from the day of counselling. Subsequently, the said student will make available the copy of the proof of fee deposited to the college concerned and the university concerned. The college concerned will display the same on its website along with the details of the students. If any student faces any difficulty in depositing of the fee in the CBS contact the university, the college and if required then the District Magistrate concerned.
(iii) The schedule for admission for the academic session 2012-2013 and subsequent years, shall be as under:
(Note: For subsequent years, the same dates and months will apply.)
(iv) From 2012-2013, there will be only one counselling, which will continue for a period of 25 days. During the counselling, if it is found that candidate(s) allotted to any college do not turn up to take admission, the college shall inform the counselling authority and upon receipt of such i
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