Court No. - 33
Case :- WRIT - C No. - 11709 of 2018 Petitioner :- Shri Bala Ji Maharaj Mahvidyalay Respondent :- State Of U.P. And 04 Others Counsel for Petitioner :- Ashok Kumar Dubey Counsel for Respondent :- C.S.C.,Bharat Pratap Singh
Hon'ble Manoj Misra,J.
Heard learned counsel for the petitioner; the learned Standing Counsel for the respondents 1 to 4; and Sri Bharat Pratap Singh for the respondent no.5.
According to the petitioner, which is an institution, it was accorded recognition by the National Council for Teachers Education for D.El.Ed. Course (BTC Training). As per the procedure provided for admission, candidates are recommended by the Examination Regulatory Authority, as per their option and underlying merit, for admission in the institution. Admission process is carried out in phases and in multiple rounds of counselling, which is to be completed by a specified date. For the academic session 2017-18, the last date for admission was extended up to 18.11.2017.
It is the case of the petitioner that as all the seats in the institution were not filled, the petitioner's institution, as per the liberty provided by Government Notification, by the last date i.e. 18.11.2017, had taken admission of eligible candidates and the list was submitted in the office of the Principal, DIET concerned for information and follow up action.
The grievance of the petitioner is that the list of students admitted by the petitioner's institution for D.El.Ed. Course (BTC Training 2017-18) has not been approved so far and therefore the petitioner has prayed for a direction upon the State-respondents to approve the list of students admitted by the petitioner.
On instructions received, the learned Standing Counsel, who has appeared on behalf of State-respondents, has informed the Court that there is a procedure prescribed for taking admission as also of reporting the same to the Principal, DIET concerned within a stipulated period and whether such procedure has been followed and information in respect thereof has been supplied, is a matter which requires to be ascertained on the basis of records. He has also submitted that, according to his instructions, the admissions have not been reported by the last date fixed in the notification as per the procedure prescribed and, therefore, such admissions cannot be accorded approval because the time schedule has been fixed by State Government. It has also been stated that session started on 12th October, 2017 and though the last date for admission was relaxed but it was specified that all admissions had to be made by 18.11.2017 and information in respect thereof, in any scenario, ought to have been provided to the DIET concerned by the date fixed i.e. 18.11.2017.
Be that as it may, considering that the matter requires investigation on questions of fact as to whether admissions were made within the stipulated period as per procedure prescribed and in accordance with law or not, and inviting counter-affidavit and, thereafter, taking decision would unnecessarily delay the proceeding, without expressing any opinion on the merits of the claim of either side, this Court considers it appropriate to dispose of this petition with liberty to the petitioner to represent its cause before the third respondent (Secretary, Examination Regulatory Authority, Allahabad) annexing therewith all the relevant documents to demonstrate that admissions were made by the date and as per the procedure prescribed; and in accordance with the law. The representation must also accompany proof that due information of making such admission was given to the authority concerned by the date specified/prescribed. If any such representation is filed within a week from today along with certified copy of the order as also the documents mentioned above, the third respondent (Secretary, Examination Regulatory Authority, Allahabad) shall call for report from the Principal, DIET concerned and, thereafter, shall proceed to verify the facts from the record and take an appropriate decision in the matter, in accordance with law, preferably, within next three weeks.
The petition stands disposed of, as above.
Order Date :- 30.3.2018 AKShukla/-