Point of law: Supreme Court held that such regulations were not permissible and that any regulation which had the effect of takeover of seats, or reserving some part of unaided college’s intake, would be an impermissible nationalization.

ORDER :

1. The instant application has been filed for the grant of following reliefs:

“It is therefore humbly prayed that this application may kindly be allowed and the order dated 10.1.2020 passed in the present petition may be recalled and modified to the extent that the admissions of the students who have already been admitted to their respective courses by virtue of the said interim order may be protected in light of the subsequent directions issued by the Hon’ble Supreme Court.”

2. The applicant/petitioner has filed this application for recalling order dated 10.1.2020, passed in CMP No. 14645 of 2019 and for seeking necessary directions in view of the subsequent developments in the interest of justice.

3. During the pendency of the instant petition, the petitioner moved an application for interim directions bearing CMP No. 14645 of 2019, seeking following reliefs:

(i) Pending final adjudication of the present petition the respondent Authorities may be directed to conduct the third round of counselling forthwith;

(ii) In case of any seats still remaining vacant after the third round of counselling the petitioner institution may kindly be allowed to fill the remaining vacant seats from amongst candidates eligible as per NCTE regulations in consonance with the judgment dated 20.9.2010 of this Hon’ble Court in CWP No. 5728 of 2010 and commence the current academic session without further delay subject to the outcome of the present petition;

(iii) The applicant/petitioner institutes may be allowed to fill up management quota up to the extent 20% to 40% of the sanctioned seat strength of each institute and such admissions may be allowed to be made from any source and not insisting upon qualifying the entrance test for such candidates being considered against management quota in peculiar situation, subject however, that such candidates possess essential qualifications as prescribed by NCTE Norms.

4. The application came up for consideration before this Court on 10.1.2022 when the following order came to be passed:

“Heard. This application has been filed for the following reliefs:

(i) Pending final adjudication of the present petition the respondent Authorities may be directed to conduct the third round of counseling forthwith;

(ii) In case of any seats still remaining vacant after the third round of counseling the petitioner Institutions may kindly be allowed to fill the remaining vacant seats from amongst candidates eligible as per NCTE regulations in consonance with the judgment dated 20.9.2010 of this Hon’ble Court in CWP No. 5728 of 2010 and commence the current academic session without further delay subject to the outcome of the present petition;

(iii) The applicant/petitioner Institutes may be allowed to fill up management quota up to the extent 20% to 40% of the sanctioned seat strength of each Institute and such admissions may be allowed to be made from any source and not insisting upon qualifying the entrance test for such candidates being considered against management quota, in peculiar situation, subject however, that such candidates possess essential qualifications as prescribed by NCTE Norms.

2. It appears that earlier in similar circumstances, a Coordinate Bench of this Court in CWP No. 5728 of 2019, titled H.P. B.ED. College Association and Ors. vs. State of H.P. & Anr. decided on 20.9.2010 (Annexure P5) has passed the following directions:

“The learned counsel for the petitioners submits that since the admissions are made in respect of vacant seats and since despite all efforts taken by the University, there are no candidates, there may not be further restriction in terms of the prospectus in the matter of admission in the college. The learned standing counsel for the University vehemently contends that the admission can be made only in terms of the prospectus and whatever restriction imposed in the prospectus should be followed by the College concerned as well. We are afraid that the stand taken by the University cannot be ap