1. Petitioner is a private college recognized by the State Government and is affiliated with Kashmir University. It admits students for B.Ed Course according to its intake capacity. It's sanctioned intake capacity as per Annexure - A to the petition initially was 100 students in addition to Non - Resident Indian (NRI) quota and over the years it has been enhanced to 240 seats in addition to management and supernumerary quota.

2. The petitioner claims to have like other private colleges approached Kashmir University for enhancement of its intake capacity and acting on the assurance given by the University authorities, to have on its own enrolled 60 students over and above its sanctioned intake capacity.

3. The petitioner's case is that as the admission fee with the penal charges of Rs.1700/- per candidate was accepted by the University in respect of aforestated additional 60 candidates on 14th November, 2009 as admitted in the communication No. KWCE/ Adm./ Forms/July, 09/831 dated 14th November, 2009 appended as Annexure E to the petition, the respondents are stripped of right to stop the students from taking examination or getting degrees. The petitioner claims to have deposit Rs. 2000/- per student over and above the usual charge with the University vide receipt dated 27th July, 2010.

4. It is next urged that while Kashmir University issued orders for the increase in intake capacity in favour of some of the private collages that had approached for enhancement in intake capacity, intake capacity of the petitioner college was unjustifiably not increased. The petitioner complaining that the Kashmir University though having accepted usual fee with penal charges for the additional section i.e. 60 students enrolled by the petitioner college over and above its sanctioned intake capacity, was declining to issue roll no.slips in their favour and regularise their admission.

5. The petitioner on the strength of grounds urged, seeks following reliefs:-

1. A writ of mandamus commanding the respondents University to give to the petitioner College the same treatment in the matter of increase of intake capacity by one section of students in the identical circumstances and regularise the admissions made by the petitioner college on the assurance of the respondent University.

2. A writ of mandamus commanding the respondent University to regularise the admission of additional section of students granted by the petitioner college on the representation and promises of the respondent University and command the respondent University to accept their examination fee, RRs and take their examination alongwith their batch mates for the Session 2009-2010.

6. Alongside the writ petition, the petitioner college filed a Civil Miscellaneous petition IA No. 1153/2010 for interim mandatory injunction commanding the respondent University to accept the examination fee, RR forms of the additional section of students, issue Roll number slips in their favour and permit them to appear in examination along-with their batch mates admitted by the petitioner college in 2009-2010. The Court on 14th October, 2010 directed the respondents to allow, those of the students of the petitioner's college "who have been admitted by the respondent University" for the session 2009-2010 and whose examination fee, RR forms have been accepted, to take the examination. However, the ad interim order was granted subject to objections and it was made clear that order would not entitle the students to claim any equity under the order.

7. The respondents oppose the writ petition on the grounds that the petition was grossly misconceived. The respondents point out that the admission of the students is not granted by the respective private institutions/colleges affiliated with the University but by the respondent University and that after such admission, the students are allotted to various colleges having regard to their respective sanctioned intake capacity. It is denied that the private colleges inc

Click Here to Read the rest of this document