IMPORTANT POINT
The UGC's SOP allows universities to admit students based on qualifying marks, overriding strict adherence to entrance exam scores in specific circumstances.

JUDGMENT :

(Ritu Bahri, CJ.) :

Appellant is a self-financed college, which is affiliated to Hemwati Nandan Bahuguna Garhwal University, Srinagar. It has come up in appeal against the judgment of the learned Single Judge passed in Writ Petition (M/S) No. 3540/2023 dated 16.02.2024, whereby the said Writ Petition has been disposed of by giving directions to 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.

2. Facts, not in dispute between the parties, are that the University Grants Commission, the affiliating University, which is a Central University, took a decision in the year 2022 that admission to different courses, including in B.Ed. Course, will be given based on the score of a candidate in Central University Entrance Test (CUET), conducted by the National Testing Agency (NTA).

3. Due to the problems faced in the Hill States, the UGC relaxed the condition of admission through CUET, in respect of Central Universities situated in the hill districts, including Hemwati Nandan Bahuguna Garhwal University, and, accordingly, a Circular dated 19.05.2022 was issued by the UGC, permitting the Central Universities in the hill States to take admission as per the past practice, instead of CUET, for the year 2022-23.

4. In the case of the present appellant, admissions were done through CUET, and they could not get sufficient number of students, and most of the seats in B.Ed. Course in their college remained unfilled. They referred to the Standard Operating Procedure (SOP) issued by the UGC dated 04.10.2023 – Annexure No. 9, which was sent to the Vice Chancellors of all the Central Universities by the UGC for the purpose of admission to fill up the vacant seats.

5. The grievance of the appellants/ writ petitioners was that, despite the said SOP, the HNB Garhwal University neither conducted the entrance examination at its own level, nor it held a screening test for admission to B.Ed. Course, and they refused to grant permission to fill up the seats on the basis of qualifying marks.

6. The learned Single Judge examined the above-said issue. The stand taken by the University in their counter affidavit, filed by the Vice chancellor, was that, with regard to B.Ed. Course, a policy decision has been taken by the University to adopt CUET score for the purpose of admission in the University, as well as in the affiliated colleges.

7. The UGC, in their counter affidavit, has stated that, since HNB Garhwal University did not act upon the SOP, in this backdrop, the relaxation for extending the 20 days’ time given w.e.f. 04.10.2023 has now come to an end. The UGC admitted that the appellant/ writ petitioner was entitled to take admission as per the SOP within 20 days from the date of issuance of the SOP. However, on account of fault on the part the University, the seats in B.Ed. Course available in writ petitioner-colleges could not be filled. SOP, in this backdrop, the relaxation for extending the 20 days’ time given w.e.f. 04.10.2023 has now come to an end. The UGC admitted that the appellant/ writ petitioner was entitled to take admission as per the SOP within 20 days from the date of issuance of the SOP. However, on account of fault on the part the University, the seats in B.Ed. Course available in writ petitioner-colleges could not be filled.

8. The learned Single Judge further observed that the period of 20 days from 04.10.2023 had expired, and in February, 2024, direction cannot be given to HNB Garhwal University to permit the appellant/ writ petitioner to fill up the vacant seats at the belated stage. However, the Court expressed its disapproval with the manner in which the authorities of the HNB Garhwal Central University ignored the directions issued by the UGC in its Circular dated 04.10.2023.

9. The Writ Petition was disposed of, giving directions