Court No. - 35
Case :- WRIT - C No. - 20488 of 2019 Petitioner :- Choudhary Narendra Singh College Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Pratik Chandra Counsel for Respondent :- C.S.C.,Avneesh Tripathi,Dhananjay Awasthi,Rohit Pandey
Hon'ble Rohit Ranjan Agarwal,J.
Heard Shri Pratik Chandra, learned counsel for the petitioner; learned Standing Counsel for respondent No.1; Shri Avneesh Tripathi, learned counsel for respondent No.2; Shri Rohit Pandey, learned counsel for respondent Nos. 3 and 4; Shri R.P. Srivastava holding brief of Shri Dhananjay Awasthi, learned counsel for respondent No.5.
Present petition has been filed for the following reliefs:
"(a) Issue a writ, order or direction in the nature of mandamus not to bifurcate the seats in Arts/Commerce & Science/Agriculture Branch by the respondent nos.2-4 university (Session 2019-21).
(b) Issue a writ, order or direction in the nature of mandamus commanding the respondents nos. 2-4 university to allot students of B.Ed Course (Session 2019-21) to the petitioner institution on its total sanctioned seats by the students of all category without making any bifurcation of seats in Arts/Commerce & Science/Agriculture Branch.
(c) Issue a writ, order or direction in the nature of Mandamus directing the respondents to permit the petitioner institution to admit the students of any Branch against the vacant seats of Science & Agriculture Branch in the event the candidates from the science stream are not available during the process of counselling conducted by the counselling university."
With the consent of the parties, the writ petition is disposed of at this stage without calling any counter affidavit, as the dispute raised in the present petition stands concluded by the judgment of this Court in Writ-C No.28179 of 2017 (Janhit Degree College versus State of U.P. and 5 others).
In the said writ petition, which has been decided alongwith large number of other connected matters, the challenge was to the bifurcation of the seats in various institutions imparting education in B.Ed. programme into Art and Science stream for purposes of making recommendation for admission. It was held by this Court that the counselling University cannot insist upon the institutions to admit students in Art and Science stream in the ratio of 70:30.
The grievance urged in the instant petition is that the Chaudhary Charan Singh University, Meerut which is counselling University for making recommendation for admission of students to B.Ed. course in the petitioner institution is in the process of making recommendation of students by bifurcating the seats into Science and Art stream in the ratio 70:30, which according to the petitioner, has already been held to be illegal and arbitrary in the judgement of this Court dated 6.11.2017 in Janhit Degree College (supra).
Shri Avneesh Tripathi, learned counsel appearing for respondent No.2, Chaudhary Charan Singh University, Meerut very fairly concedes that the said matter is covered by the judgment of this Court in case of Janhit Degree College (supra). He further submitted that the respondent-University will follow the law laid down by this Court in the said case.
Counsel for the University does not dispute these facts.
Having regard to the above position and the stand taken by learned counsel appearing on behalf of parties, the instant writ petition is disposed of by providing that the respondent University while making allotment of students to the petitioner institution shall follow the law laid down by this Court in Janhit Degree College (supra) and shall not make recommendation of students by bifurcating the seats into Art and Science streams. The writ petition stands disposed of accordingly.
Order Date :- 24.6.2019 A.N. Mishra