Hasnain Massodi, J.—

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. 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.

2. 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.

3. The respondent University, however, to resolve the controversy decided to go for second round of counselling, give an option to the candidates, who had responded to the notification dated 20th December, 2011 issued by the Forum, to appear before the Central Admission Committee and get admission, following the procedure provided in the University statute. The University, accordingly, admitted 414 of the 516 students, who had responded to the Forum notification.

4. However, the second counselling organized by the University did not give any relief to the petitioner-college, inasmuch as, only 3 of the 414 students admitted in second counselling opted for the petitioner-college. The petitioner-college confronted with the shortage of students admitted 292 students on its own and vide its communication dated 21st December, 2011 informed the University accordingly.

5. The respondent University ignoring the communication dated 21st December, 2011 received from the petitioner-college did not regularize the admission of 292 candidates admitted by the petitioner-college on its own, returned the Bank Drafts in the amount of Rs. 15,11,100/- bearing Nos. 644926596 & 644926589 dated 7th May, 2012 forwarded by the petitioner-college on account of examination fee and other dues in respect of 292 students admitted by it.

6. Aggrieved with the refusal of University to regularize 292 candidates admitted by the petitioner-college, it filed the writ petition registered as OWP No. 805/2012. The writ petition was filed primarily on the ground that the petitioner-college deserved to be given same treatment as was given to other members of the Forum and the admission of 292 students enrolled by it deserved to be regularized on the lines such admission was regularized in respect of 414 students admitted by the University. The writ petition was disposed of on 4th June, 2012 wi

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