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RAKESH THAPLIYAL, RITU BAHRI
Malini Valley College of Education – Appellant
Versus
State of Uttarakhand – Respondent
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 Certific
The UGC's Standard Operating Procedure for admissions is binding on universities, allowing for admissions based on qualifying examination marks in specific circumstances.
The UGC's SOP allows universities to admit students based on qualifying marks, overriding strict adherence to entrance exam scores in specific circumstances.
UGC directives are binding on universities, and non-compliance can lead to arbitrary denial of admissions.
Eligibility stipulations for B.Ed. course admissions based on date of qualification were found arbitrary and discriminatory, requiring clearer future guidelines.
Adherence to the schedule fixed by the Supreme Court for B.Ed admissions is crucial for fair and transparent admission process in B.Ed colleges.
What is evident from the list of students sent on 7.8.2018 by the College and the second which is annexed by the University in its affidavit-in-reply which is dated 4.8.2018 is that the Management Qu....
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