IMPORTANT POINT
The UGC's Standard Operating Procedure for admissions is binding on universities, allowing for admissions based on qualifying examination marks in specific circumstances.

JUDGMENT :

Rakesh Thapliyal, J.

1. Both the appeals are preferred against the common judgment, therefore, with the consent of learned counsel for the parties, both the special appeals are heard together and disposed of by this common judgment.

2. Appellants are aggrieved by the judgment dated 16.02.2024 passed by learned Single Judge in Writ Petition (M/S) No. 3540 of 2023 (Smt. Manjira Devi Sikshan Evam Prashikshan Sansthan and others Vs. State of Uttarakhand and others) whereby writ petition was disposed of by directing the University Grants Commission (UGC) that the directions given, vide circular letter dated 04.10.2023 – Annexure No. 9, are not violated, and benefit of this policy decision is extended by the University to its affiliated colleges.

3. Brief facts of the present case are that petitioners – appellants colleges are self financed Colleges affiliated to Hemwati Nandan Bahuguna University, Srinagar. The appellants’ Colleges are imparting education in Bachelor of Education Course, which is duly recognized by National Council for Teacher Education under Section 14 of National Council for Teacher Education Act, 1993. The State Government has also issued No Objection Certificate to the appellants’ Colleges to run B.Ed. course.

4. According to the appellants, in terms of directions issued by University Grants Commission (UGC), the affiliating University, which is a Central University, took a decision in 2022 that admission to different courses, including B.Ed. Course, will be given on the basis of the marks obtained by a candidate in Central University Entrance Test (CUET), conducted by National Testing Agency. Due to the problem faced by the Hill States, UGC relaxed the condition of admission through CUET in respect of Central Universities situated in hill districts, including HNB Garhwal University, and accordingly, a circular was issued on 19.05.2022 by the UGC permitting the Central Universities in hill States to take admission as per the past practice, instead of CUET for the year 2022-23. But due to insistence of HNB Garhwal University for admission only through CUET, the appellants’ colleges could not get sufficient number of students and most of the seats in B.Ed. Course would remain vacant.

5. Learned counsel for the appellants has placed reliance upon the Standard Operating Procedure (SOP) issued by the UGC for admission in Central Universities to fill up vacant seats. This SOP was sent to Vice Chancellors of all Central Universities vide letter dated 04.10.2023. Para no. 2 of the said letter is extracted below:-

“As the new academic session has already commenced, the Central Universities and their constituent/ affiliated colleges are requested to complete the entire admission process and fill up the vacant seats in accordance with the SOPs within twenty days from the date of issue of this letter.”

6. The relevant Clause of SOP issued vide letter dated 04.10.2023 are being extracted hereinbelow:-

“In case, seats still remain vacant even after exhausting the list of applicants who appeared in CUET, the Universities may take recourse to the following:

1. The University may consider conducting an entrance examination at its own level or the concerned department of the University may conduct a screening test.

2. The University may admit students on the basis of marks obtained in the qualifying examination.”

7. Relying upon the said SOP, learned counsel for the appellants submits that neither the HNB Garhwal University conducted any entrance examination at its own level nor it held any screening test for admission to B.Ed. Course, therefore, the action of the University in not permitting the appellants colleges to give admission to the students on the basis of marks obtained in qualifying examination is arbitrary and unjust.

8. Learned counsel for the appellants further submits that since UGC is the Apex body, therefore, SOP issued by UGC should not be ignored by the respondent-University.

9. We find force in the argument of l