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2009 Supreme(P&H) 1154

PUNJAB & HARYANA HIGH COURT
Permod Kohli, J.
Association Of Punjab Self Financed College Of Education
Versus
State Of Punjab
CWP No. 19194 of 2007,
Decided On : JULY 15, 2009

The court emphasized the need for fair and transparent admission procedures, the State's duty to regulate admissions, and the importance of merit-based and transparent admissions.

Headnote:

NCTE Act - Admission Procedure - [FACT OF THE CASE] The petitioner, a registered Society under the Societies Registration Act, 1960, sought relief for conducting centralized counseling for admission to the Elementary Teacher Training Course and for permission to conduct its own admissions. The State Government conducted centralized admissions based on a common test, but did not conduct the test periodically, leading to the petitioner's inability to make admissions. [FINDING OF THE COURT] The court directed the State to hold a Common Entrance Test before the commencement of every academic year for admission to ETT/B.Ed. Courses in the petitioner-institution and other recognized institutions. If the State is unable to conduct the test, it should permit the petitioner-institutions or authorize another body to do so. [ISSUES] The issues revolved around the State's responsibility to conduct Common Entrance Tests and the petitioner's right to conduct its own admissions. [RATIO DECIDENDI] The court emphasized the need for fair and transparent admission procedures, the State's duty to regulate admissions, and the importance of merit-based and transparent admissions. [FINAL DECISION] The court directed the State to conduct Common Entrance Tests annually and to constitute a Committee to survey the future requirement of such institutions before permitting any new institutions to be established.

Judgment

Permod Kohli, J.

1. The petitioner is a Society registered under the Societies Registration Act, 1960. It comprises of various institutions specified in paragraph 1 of the petition which are imparting education in B.Ed/Elementary Teacher Training Courses. Number of such institutions seems to be 28. It is further stated that all the member institutions of the petitioner-Society have been duly and validly granted permission/recognition by the National Council for Teacher Education (hereinafter referred to "NCTE"), an Apex Body under the provisions of National Council for Teacher Education Act, 1993. According to the petitioner, these institutions have established the educational institutions for imparting teacher training in various parts of the State, after securing necessary permission/recognition from the NCTE and all other authorities including the State of Punjab and have created infrastructure etc. with minimum investment of Rs. 50.00 lacs and more. It is, however, pleaded that under the law laid down by the Honble Supreme Court of India, either the non-aided institution has to be granted liberty to make admissions of its own or Central Common Entrance Test may be conducted by the State of Punjab for admission to such institutions irrespective of the fact whether it is a minority or a non-minority institution. The petitioner has categorically sought following reliefs :-

i) Issue of an appropriate writ order or direction in the nature of mandamus directing the respondents to conduct the centralized counseling for admission to the Elementary Teacher Training Course.

ii) Issue of such other appropriate, writ, order or direction in the nature of mandamus directing the respondents to permit the petitioner association of Punjab Self Financed College of Education to conduct its own admission to the aforesaid course.

iii) Issue any other appropriate writ, order or direction, which this Honble Court may deem fit and proper in the fact and circumstances of this case.

iv) Exempt the petitioner from filing the certified copies of Annexures.

v) Dispense with the prior services of the notice upon the respondents.

vi) Award the cost of the writ petition to the petitioner."

From the prayer, it appears that primarily the petitioners have asked for two reliefs i.e. (a) for a direction to the respondents to conduct the centralized counseling for admission to the Elementary Teacher Training Course; and (b) for a direction to the respondents to permit the petitioner association of Punjab Self Financed Colleges of Education to conduct its own admission to the aforesaid course.

2. The State Government in its reply has stated that the State Government has conducting centralized admission to the Elementary Teacher Course for the Sessions, 2006-08 and students have been admitted in the private institutions for two years diploma course. The State has further spelt out its policy decision to conduct a common test for centralized admissions to all Elementary Teacher Training institutions, on the basis of inter-se merits of the candidates. It is the stand of the State that the State Government has adopted this policy for ensuring certain standard and excellence of education in teacher training institute with the high object of providing trained teachers and education in the State and accordingly, the admissions are to be made on the basis of merit to ensure the quality teaching by teachers who are capable of instilling athletics excellence in the life of their pupils. The State Government has further expressed its desire to play an important role in the task of educational development by professional teachers for over all improvement of the educational standard in the State. It is, however, stated that the State Government wants to keep a track of number of trained teachers awaiting for employment and possibility of their deployment in near future. Thus, keeping in view this demand and supply procedure, the State Government decided to admit/tra

























































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