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2021 Supreme(J&K) 85

IN THE HIGH COURT OF JAMMU AND KASHMIR AT SRINAGAR
ALI MOHAMMAD MAGREY, J.
Sumit Yadav and Others – Petitioners
Versus
Vice Chancellor and Others – Respondents
W.P. (C) Nos. 305 of 2021, 208, 1263, 1495, 1501, 1522, 1526, 1550, 1570, 1571, 1579, 1603, 1606, 1668, 1792 of 2020
Decided On : 27-05-2021

Advocates:
Advocate Appeared:
For the Petitioner: Mr. Wani Manzoor.
For the Respondent: Mr. T.H. Khawja.

Point of Law: Education and University - Regularization/ confirmation of admission - No Registration Returns (RRs) have been forwarded to respondent-University within fixed timeframe by concerned Colleges regarding admission of Petitioners. It is abundantly clear that any direction to Respondent University to regularize admission of Petitioners in violation of University Statute would be impermissible and not in tune with principles that must guide exercise of Writ jurisdiction.

Headnote:

Admission for B. Ed. Course - No Registration Returns - Seeking a direction Respondent-University to confirm their admission for B. Ed. Course Session 2018-20; accept/entertain their RRs. register them along with Batch of 2018-20 for B. Ed. Course; and also allow them to appear in examination of Batch 2018-20 along with other candidates - Petitioners is that pursuant to admission notification issued by Respondent- University in year 2018 they in view of situation as was prevailing in the State of J&K (now Union Territory), could not apply in time and, subsequently, having requested the private B. Ed. Colleges for seeking admission in B. Ed. Course for the session 2018-20.

Finding of the Court:

It has become axiomatic that the Petitioners in all these Petitions have taken admission to two-year B. Ed Course in different Colleges of Valley on their own, without following due procedure prescribed in the Statute of the Respondent-University. Petitioners did not respond to the admission notice issued by Respondent- University in time, but after expiry of stipulated time period, claim to have secured admission directly in College concerned which is contrary to admission policy followed by Respondent-University. Besides, admittedly, no Registration Returns (RRs) have been forwarded to respondent-University within the fixed timeframe by concerned Colleges regarding the admission of the Petitioners. In such circumstances, action of Respondent-University in denying regularization/confirmation of the admission of Petitioners cannot be said to be illegal or contrary to procedure governing the field - Action of Respondent-University in denying regularization/confirmation of admission of Petitioners cannot be said to be illegal or contrary to procedure governing field.

Result: Petitions dismissed.

JUDGMENT :

ALI MOHAMMAD MAGREY, J.

1. In all these Writ Petitions, the Petitioners are seeking a direction in the name of the Respondent-University to confirm their admission for B. Ed. Course Session 2018-20; accept entertain their RRs. register them along with the Batch of 2018-20 for B. Ed. Course; and also allow them to appear in the examination of Batch 2018-20 along with other candidates. Thus, common questions of facts and the law are involved in this batch of Writ Petitions, therefore, I propose to decide the same by virtue of this common judgment.

2. The case of the Petitioners is that pursuant to admission notification issued by the Respondent-University in the year 2018, they, in view of the situation as was prevailing in the then State of J&K (now Union Territory), could not apply in time and, subsequently, having requested the private B. Ed. Colleges for seeking admission in B. Ed. Course for the session 2018-20. It is stated that the Respondent-University, however, did not regularize confirm the admission of the Petitioners, despite repeated requests representations made in this behalf, constraining the Petitioners to approach this Court through the medium of Writ Petition bearing W.P. (C) No. 208/2020 titled Manvinder Singh and Others vs. Vice Chancellor, University of Kashmir and Others, which is one of the clubbed Petitions in the batch of Petitions on hand. In the said Writ Petition, the Court, in terms of an ad-interim order dated 31st of January, 2020, directed the respondent-University to consider the representation of the Petitioners for confirmation of admission for B.Ed Course, Session 2018-20. Pursuant to this interim order of the Court, the Respondent-University, thereafter, in terms of order dated 19th of October, 2020, rejected the claim of the Petitioners, which has been assailed by the Petitioners in W.P. (C) No. 1792/2020. Thereafter, the Respondent-University is stated to have issued notification No. F (B. Ed. 1st, 2nd & 3rd, 4th Semester) KU/2021 dated 10th of February, 2021, thereby notifying the date sheet for conduct of examination for B.Ed. 1st, 2nd Semester Batch 2018-20 and 3rd, 4th Semester Batch 2017-2019-Regular DDE and eligible backlog for the candidates who misused their examination in Session Nov-Dec, 2020. This date sheet notification, too, has been challenged by the Petitioners in W.P. (C) No. 305/2021.

3. Learned counsel for the Petitioners submitted that the Petitioners, who have come from different States of the country and having paid huge amounts to get admission in different private Colleges, have completed the studies for the Course in question, as such, the Respondent-University is obliged under law to regularize confirm their admission in tune with the mandate of policy in vogue. It is further submitted that in case the admission of the Petitioners is not regularized confirmed, the entire career of the Petitioners will get marred and they will be subjected to irreparable loss which cannot be compensated later on by any means whatsoever. It is pleaded that the consideration order passed by the Respondent-University in rejecting the claim for confirmation regularization of admission has been issued without taking into consideration all the relevant facts grounds projected by the Petitioners.

4. Respondents have filed Objections in W.P. (C) No. 208/2020, which, on the statement of the learned counsel for the Respondents, is treated as Objections to rest of the Petitions as well on behalf of the Respondents. The Respondents have resisted the averments made by the Petitioners in their Petitions. It is submitted that according to the admission procedure followed by the University of Kashmir, admissions to B. Ed courses in all the private B. Ed Colleges is granted and made by the University. It is contended that it is the University alone that initially invites applications and then allots students to various Colleges of the Valley and, thus the Colleges have no authority to admit st

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