बी टी सी की सीट्स खाली रहने के बाद में अकादमिक सेशन में देरी होने के कारण एक नियत तिथी के बाद नहीं भरी जा सकती , सुप्रीम कोर्ट के आदेश के अनुपालन में हाई कोर्ट ने
बाबा शिव नाथ सिंह शिक्षण एवं प्रशिक्षण संस्थान और माँ वैष्णो देवी महिला महा विद्यालय की याचिका ख़ारिज करते हुए बी टी सी की सीट्स नहीं भरने का दिया आदेश
HIGH COURT OF JUDICATURE AT ALLAHABAD
Reserved
Civil Misc. Writ Petition No. 2413 of 2016
Krishna College of Sports & Education and others
Versus
State of U.P. and others
____________
Hon'ble Manoj Kumar Gupta, J.
1. The petitioners are educational Institutions having recognition from National Council for Teacher Education for running 2 years elementary level D.El.Ed. (BTC Course). They also have affiliation from the State Government. The petitioners have approached this Court seeking issuance of a writ of mandamus commanding the respondents to allot students to the petitioners' Institutions against the remaining vacant seats of BTC Course for Academic Session 2014-15. Their case is that after two rounds of counselling, number of seats had remained vacant in their Institutions and consequently, the respondents are under obligation to allot students to the petitioners' Institutions by conducting another round of counselling.
2. It is averred in paragraph 12 of the writ petition that the first round of counselling had taken place at DIET, Agra from 9 September 2015 to 16 September 2015. In paragraph 14 of the writ petition, it is stated that the remaining seats were sought to be filled up by conducting the second round of counselling from 18 September 2015 to 21 September 2015. Even thereafter, number of seats remained vacant in the petitioners' Institutions and, therefore, their case is that the respondents ought to have conducted another round of counselling for recommending students for admission to BTC Course in the petitioners' Institutions. It is contended that in other districts, the remaining vacant seats were filled up by holding third and fourth round of counselling and thus, similar procedure should have been adopted in district Agra as well.
3. The Supreme Court in the case of Baba Shiv Nath Singh, Shikshan Evam Prashikshan Sansthan Versus National Council for Teacher Education and others1 decided on 8 September 2015 has issued following directions in relation to BTC Course in the State of Uttar Pradesh : -
"(i) The commencement of the Academic Session 2014-2015 will be from the date as mentioned on behalf of the State of Uttar Pradesh i.e. 22nd September,2015. The session will commence for the seats available against the first, second and third batch of seats/students mentioned in the Chart extracted above, meaning thereby that for the Academic Session 2014-2015 the seats available against the fourth and fifth batch will not be filled up.
(ii) The Academic Session 2014-2015 will be brought to a close on completion of the mandatory number of working days at the earliest and without any delay.
(iii) The Academic Session 2015-2016 will commence on 22nd September, 2016 and affiliations/admissions etc. in respect of the said Academic Year would stand concluded well in time to enable the commencement of the Session from the date mentioned i.e. 22nd September, 2016.
(iv) The Academic Session 2015-2016 similarly will be brought to its earliest conclusion so that the next Academic Session can begin as per the original academic calendar i.e. July, 2017 and thereafter each Academic Session will strictly adhere to the academic calendar of the State.
(iv) We direct all Authorities i.e. NCTE and SCERT to strictly comply with and adhere to the above directions and not to permit recognition or affiliation beyond the dates mentioned in Maa Vaishno Devi Mahila Mahavidyalaya (supra) and not to grant admissions beyond such dates which may have the effect of putting the date of commencement of the concerned Academic Session itself in peril."
4. The aforesaid directions were issued by the Supreme Court in the context of the prayer made before it by various educational institutions for ante-dating the recognition granted to them by National Council for Teacher Education to Academic Session 2013-14 or Academic Session 2014-15. The plea was based on the contention that the Academic Session 2015-16 had yet not commenced and Academic Session 2013-14 and 2014-15 are inordinately delayed. It was urged before the Supreme Court that in case they were not permitted to admit students during the Academic Session 2014-15, which had yet not commenced, it would be a waste of available infrastructure and manpower. However, the Supreme Court repelled the plea urged in this regard and specifically provided that Academic Session 2014-15 would commence from 22 September 2015. In the present case, as noted above, until 21 September 2015, two rounds of counselling had taken place at Agra and in pursuance whereof candidates were recommended for admission to the petitioners' Institutions. It seems that even after the second round of counselling, certain seats remained vacant. The Supreme Court had directed for commencement of Academic Session 2014-15 from 22 September 2015 meaning thereby that the process of admission was to be completed before the said date. In such view of the matter, this Court is of the opinion that no illegality has been committed by the respondents in not holding another round of counselling, as the session had commenced from 22 September 2015.
5. This Court while deciding a batch of writ petitions leading case being Committee of Management Baba Ram Nath Utkarsh Mahavidyalaya and another Versus State of U.P. And others2, has held that the time schedule prescribed by the Supreme Court is sacrosanct and has to be complied with by every authority/person/council/committee. It has further been held in the said judgment by placing reliance on the Supreme Court decision in the case of Maa Vaishno Devi Mahila Mahavidyalaya Versus State of U.P. and others3 that the time frame prescribed can not be relaxed even by Courts. Consequently, the plea of the petitioners that in some districts, the State had held third and fourth round of counselling, after 22 September 2015, can not be made a ground to issue a direction to the authorities, which would be in the teeth of the time frame prescribed by the Supreme Court in the case of Baba Shiv Nath Singh, Shikshan Evem Prashikshan Sansthan (supra) and Maa Vaishno Devi Mahila Mahavidyalaya (supra).
6. Consequently and for the reasons given above, the writ petition lacks merit and is dismissed.
(Manoj Kumar Gupta, J)
Dated: 27th January 2016
AM/-
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बाबा शिव नाथ सिंह शिक्षण एवं प्रशिक्षण संस्थान और माँ वैष्णो देवी महिला महा विद्यालय की याचिका ख़ारिज करते हुए बी टी सी की सीट्स नहीं भरने का दिया आदेश
HIGH COURT OF JUDICATURE AT ALLAHABAD
Reserved
Civil Misc. Writ Petition No. 2413 of 2016
Krishna College of Sports & Education and others
Versus
State of U.P. and others
____________
Hon'ble Manoj Kumar Gupta, J.
1. The petitioners are educational Institutions having recognition from National Council for Teacher Education for running 2 years elementary level D.El.Ed. (BTC Course). They also have affiliation from the State Government. The petitioners have approached this Court seeking issuance of a writ of mandamus commanding the respondents to allot students to the petitioners' Institutions against the remaining vacant seats of BTC Course for Academic Session 2014-15. Their case is that after two rounds of counselling, number of seats had remained vacant in their Institutions and consequently, the respondents are under obligation to allot students to the petitioners' Institutions by conducting another round of counselling.
2. It is averred in paragraph 12 of the writ petition that the first round of counselling had taken place at DIET, Agra from 9 September 2015 to 16 September 2015. In paragraph 14 of the writ petition, it is stated that the remaining seats were sought to be filled up by conducting the second round of counselling from 18 September 2015 to 21 September 2015. Even thereafter, number of seats remained vacant in the petitioners' Institutions and, therefore, their case is that the respondents ought to have conducted another round of counselling for recommending students for admission to BTC Course in the petitioners' Institutions. It is contended that in other districts, the remaining vacant seats were filled up by holding third and fourth round of counselling and thus, similar procedure should have been adopted in district Agra as well.
3. The Supreme Court in the case of Baba Shiv Nath Singh, Shikshan Evam Prashikshan Sansthan Versus National Council for Teacher Education and others1 decided on 8 September 2015 has issued following directions in relation to BTC Course in the State of Uttar Pradesh : -
"(i) The commencement of the Academic Session 2014-2015 will be from the date as mentioned on behalf of the State of Uttar Pradesh i.e. 22nd September,2015. The session will commence for the seats available against the first, second and third batch of seats/students mentioned in the Chart extracted above, meaning thereby that for the Academic Session 2014-2015 the seats available against the fourth and fifth batch will not be filled up.
(ii) The Academic Session 2014-2015 will be brought to a close on completion of the mandatory number of working days at the earliest and without any delay.
(iii) The Academic Session 2015-2016 will commence on 22nd September, 2016 and affiliations/admissions etc. in respect of the said Academic Year would stand concluded well in time to enable the commencement of the Session from the date mentioned i.e. 22nd September, 2016.
(iv) The Academic Session 2015-2016 similarly will be brought to its earliest conclusion so that the next Academic Session can begin as per the original academic calendar i.e. July, 2017 and thereafter each Academic Session will strictly adhere to the academic calendar of the State.
(iv) We direct all Authorities i.e. NCTE and SCERT to strictly comply with and adhere to the above directions and not to permit recognition or affiliation beyond the dates mentioned in Maa Vaishno Devi Mahila Mahavidyalaya (supra) and not to grant admissions beyond such dates which may have the effect of putting the date of commencement of the concerned Academic Session itself in peril."
4. The aforesaid directions were issued by the Supreme Court in the context of the prayer made before it by various educational institutions for ante-dating the recognition granted to them by National Council for Teacher Education to Academic Session 2013-14 or Academic Session 2014-15. The plea was based on the contention that the Academic Session 2015-16 had yet not commenced and Academic Session 2013-14 and 2014-15 are inordinately delayed. It was urged before the Supreme Court that in case they were not permitted to admit students during the Academic Session 2014-15, which had yet not commenced, it would be a waste of available infrastructure and manpower. However, the Supreme Court repelled the plea urged in this regard and specifically provided that Academic Session 2014-15 would commence from 22 September 2015. In the present case, as noted above, until 21 September 2015, two rounds of counselling had taken place at Agra and in pursuance whereof candidates were recommended for admission to the petitioners' Institutions. It seems that even after the second round of counselling, certain seats remained vacant. The Supreme Court had directed for commencement of Academic Session 2014-15 from 22 September 2015 meaning thereby that the process of admission was to be completed before the said date. In such view of the matter, this Court is of the opinion that no illegality has been committed by the respondents in not holding another round of counselling, as the session had commenced from 22 September 2015.
5. This Court while deciding a batch of writ petitions leading case being Committee of Management Baba Ram Nath Utkarsh Mahavidyalaya and another Versus State of U.P. And others2, has held that the time schedule prescribed by the Supreme Court is sacrosanct and has to be complied with by every authority/person/council/committee. It has further been held in the said judgment by placing reliance on the Supreme Court decision in the case of Maa Vaishno Devi Mahila Mahavidyalaya Versus State of U.P. and others3 that the time frame prescribed can not be relaxed even by Courts. Consequently, the plea of the petitioners that in some districts, the State had held third and fourth round of counselling, after 22 September 2015, can not be made a ground to issue a direction to the authorities, which would be in the teeth of the time frame prescribed by the Supreme Court in the case of Baba Shiv Nath Singh, Shikshan Evem Prashikshan Sansthan (supra) and Maa Vaishno Devi Mahila Mahavidyalaya (supra).
6. Consequently and for the reasons given above, the writ petition lacks merit and is dismissed.
(Manoj Kumar Gupta, J)
Dated: 27th January 2016
AM/-
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