Court No. - 35
Case :- WRIT - C No. - 20417 of 2019 Petitioner :- Janhit Institute Of Education And Information Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Chhaya Gupta,Sujeet Kumar Counsel for Respondent :- C.S.C.,Avneesh Tripathi,Dhananjay Awasthi,Rohit Pandey
Hon'ble Rohit Ranjan Agarwal,J.
Heard Shri Sujeet Kumar, learned counsel for the petitioner; learned Standing Counsel for respondent No.1; Shri Avneesh Tripathi, learned counsel for respondent No.2 & 3; Shri Rohit Pandey, learned counsel for respondent Nos. 4 and 5; Shri R.P. Srivastava holding brief of Shri Dhananjay Awasthi, learned counsel for respondent No.6.
Present petition has been filed for the following reliefs :
"(a) Issue a writ, order or direction of appropriate nature declaring the decision of respondent nos. 3 to 5 about bifurcation of seats of B.Ed. Course admission for academic session 2019-21 into Science and Agriculture (SA) and Arts & Commerce as arbitrary and illegal.
(b) Issue a writ, order or direction in the nature of mandamus commanding the respondents nos. 3 to 5 to permit the petitioner institution to admit students of any branch against the vacant seats as per the counseling schedule."
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 affiliating University for making recommendation for admission of students to B.Ed. course in the petitioner institution, are 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 Nos. 2 and 3, 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-Universities will follow the law laid down by this Court in the said case.
Counsel for the Universities 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 Universities, 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 Pkb/