Hon’ble Rajan Roy, J.—Heard Sri Prashant Chandra learned Senior counsel alongwith Stuti Mittal for the petitioner, Sri Mansoor Ahmad, Chief Standing Counsel for the State and its authorities, Sri Savitra Vardhan Singh for the Opposite Party No. 3, Sri M.M. Asthana for the Opposite Party No. 4 and Sri Anurag Verma for Opposite Party No. 2.

2. This Writ Petition has been filed by a private unaided post graduate college seeking following relief :

“(a) issue a writ of mandamus or a writ, order or direction in the nature of mandamus commanding the State Government to issue appropriate orders to the State Universities to accept the admissions made by the petitioner on 290 vacant seats out of the 300 sanctioned seats in the B.Ed. course for academic session 2015-16 for which the petitioner is having affiliation and recognition by the State Government and the NCTE.

(b) issue a writ of mandamus or a writ, order or direction in the nature of mandamus commanding the respondents to accept the students so admitted on the vacant seats as a bona fide students of students and to hold examinations and award degrees;”

3. It is not in dispute that the petitioner-institution is duly recognized by N.C.T.E. with an intake capacity of 300 seats for B.Ed. course and it has also been affiliated to the Opposite Party No. 2-University. It is also not in dispute that the entrance examination was held by the Opposite Party No. 3-University for admission to B.Ed. Course, 2015 on 25.4.2015. The results were declared on 25.5.2015. As per the University which conducted the C.E.T. against the 1,85,000 seats, 1,83,886 applied for appearing in the C.E.T., 16,254 actually appeared out of which 71,622 qualified, out of the qualified candidates 68,790 participated in the counseling and exercised their option, out of the aforesaid only 57,692 students took admission another 2147 are said to have been admitted under the orders of the Court, thereafter, the pool counseling was held in which 7000 more candidates exercise their option which form the wait listed pool for further allotment of seats. Thus, about 67000-68000 students have been admitted to be B.Ed. course in various colleges based on the C.E.T.-2015 and counseling held in pursuance thereof, meaning thereby about 1,17,000 seats are vacant. As out of an intake capacity of 300 seats only 10 students opted for the petitioner-institution, therefore, it issued an advertisement of its own for filling up the remaining seats, for which now he seeks a direction to the Court to the State Government to permit it to do so, so that the complications may not arise, subsequently when the students are to appear in the examination. It is against this background that the present writ petition has been filed.

4. The contention of Sri Prashant Chandra, learned senior counsel appearing for the petitioner is that college in question has been recognized by the National Council for Teacher Education (herein after called as “NCTE”) with an intake capacity of 300 students for the B.Ed. Course. However, in the counseling based on the Common Entrance Test (herein after called as “CET”) held by the opposite party No. 3-University only 10 seats have been provided to the petitioner, which leaves 290 seats vacant, therefore, the petitioner should be allowed to fill in the remaining 290 seats, as it would be virtually impossible for the petitioner to conduct the course for only 10 students considering the huge amount of expenditure in arrangement and maintenance of the infrastructure including the requisite staff and their salaries. In this regard he invited the attention of the Court to Clause 3.2. and 3.3 of the National Council for Teacher Education (Recognition Norms and Procedure) Regulations, 2014 (herein after called as “Regulation,2014) which have been notified on 28.11.2014 in exercise of the powers conferred under Section 32 (2) of the National Council for Teacher Education Act, 1993. It is not out of place to mention that