Madhya Pradesh High Court
Tripathi Gurudev Vidhyaya Nand ... vs The State Of Madhya Pradesh Thr on 1 August, 2017
1
W.P.No.3130/2016
(Shri Om Prakash Shiksha Prasar Samiti and another Vs. State of M.P. and
others)
W.P.No.3159/2016
(Tripathi Gurudev Vidhyaya Nand Saraswati Shiksha Uthan Samity and
another Vs. State of M.P. and others)
&
W.P.No.3145/2016
(Poorvi Mahila Evam Bal Vikas Kalyan Samiti and another Vs. State of
M.P. and others)
01/08/2017
Shri D.K.Agarwal, learned counsel for the petitioners.
Shri Praveen Newaskar, learned counsel for the
respondent/State.
Shri M.P.S.Raghuvanshi, learned counsel for the respondent-Jiwaji University.
Shri R.P.Singh, learned counsel for the respondent- NCTE.
This order shall dispose of bunch of writ petitions bearing W.P.Nos.3145/2016, 3159/2016 & 3130/2016 as the question of fact and law is common in all these writ petitions.
W.P.No.3145/2016:
2. Petitioners by way of present petition seeks the following reliefs:
"7(1)(a) The respondents may kindly be directed to allow the Petitioners to make admission for the B.Ed., and M.Ed., courses on the seats remaining vacant after second counseling and the procedure of College Level Counseling based on marks obtained in qualifying examination provided for admission on vacant seats under Rule 8 of the Admission Rules directed to be followed by the Respondents No.1 to 3 for admission on vacant seats for B.Ed., and M.Ed., courses and/or;
(b) The Respondents Authorities be directed to ensure full admission on 100 seats of B.Ed., course and 50 2 W.P.No.3130/2016 (Shri Om Prakash Shiksha Prasar Samiti and another Vs. State of M.P. and others) W.P.No.3159/2016 (Tripathi Gurudev Vidhyaya Nand Saraswati Shiksha Uthan Samity and another Vs. State of M.P. and others) & W.P.No.3145/2016 (Poorvi Mahila Evam Bal Vikas Kalyan Samiti and another Vs. State of M.P. and others) seats of M.Ed., course in the Petitioner-Institution or to make payment of fees/compensation for vacant seats on the basis of fees structure decided by the AFRC for the Petitioners - Institution.
OR ALTERNATIVELY (2) (a) The Respondents No.1 to 3 be restrained from completing the remaining process (i.e., process after conduct Common Admission Test on 24.04.2016) in terms of Schedule engraved in Guidelines 2016 (Annexure P/1) for B.Ed.,/M.Ed., Course 2016 and,
(b) The Respondent No.1 to 3 be directed that the role assigned to the AFFILIATING BODY i.e., Jiwaji University / Respondent No.4 under Regulation 11 of the NCTE Regulation 2014 not to be encroached upon and the entire process of admission for Teacher Education Courses i.e., B.Ed., and M.Ed., etc. be rescheduled and re-announced and, be directed to be completed within 60 days as per the rescheduled dates prescribed by the AFFILIATING BODY i.e., Jiwaji University/Respondent No.4 and,
(c) The Respondents be directed to give mass publicity/due publicity to the admission in Teacher Education Courses i.e., B.Ed.,/M.Ed., Course 2016 and, thereafter, if found necessary and reasonable, to conduct the Common Entrance Test on the date rescheduled and prescribed by the AFFILIATING BODY/JIWAJI UNIVERSITY and,
(d) The Admission Process, which has been started by the Respondent No.1 to 3 by issuance of Guidelines 2016 (Annexure - P/1) in violation of Adhiniyam 2007 and Admission Rules, 2008, be declared VOID in view of provision under Section 7 of the Adhiniyam 2007 and, 3 W.P.No.3130/2016 (Shri Om Prakash Shiksha Prasar Samiti and another Vs. State of M.P. and others) W.P.No.3159/2016 (Tripathi Gurudev Vidhyaya Nand Saraswati Shiksha Uthan Samity and another Vs. State of M.P. and others) & W.P.No.3145/2016 (Poorvi Mahila Evam Bal Vikas Kalyan Samiti and another Vs. State of M.P. and others)
(e) The AFFILIATING BODY/ Jiwaji University/ Respondent No.4 be directed to complete the entire process of admission in view of mandatory duty assigned under Regulation 11 of the NCTE Regulation 2014 and ensure that the results of the graduation / post graduation courses are also declared before the last date of admission in Teachers Education Courses and,
(f) The booklet containing Rules / Guidelines for Admission (Annexure - P/1) be directed to be re-
published giving details of institution wise available seats for B.Ed. and M.Ed. Courses by complying with mandatory rules under 4(1) and 5(2) of the Admission Rules 2008 and,
(h) The administrative order dated 23.08.2013 (vide Annexure - P/4) issued by the Respondent No.1 and 2 be declared ineffective from the Academic Session 2016-17 for the B.Ed./ M.Ed. Courses and/or, ..........
3. The issue raised in respect of reliefs sought for by the petitioners in paragraph 7(1)(a) and (b) has been settled at rest by an order passed by a Division Bench of this Court in W.P.No.3194/2017 (Swavittiya Ashaskya Mahavidyalaya Vikas Sangh Vs. State of M.P. and others) decided on 27/06/2017 wherein it is held:
"The grievance of the petitioner is that Admission Rules, 2008 as notified on 15.4.2008 in Madhya Pradesh Niji Vyavsayik Shikshan Sanstha (Pravesh Ka Viniyaman Avam Shulk Ka Nirdharan) Adhiniyam, 2007 contemplates that after the centralized counselling, the remaining seats 4 W.P.No.3130/2016 (Shri Om Prakash Shiksha Prasar Samiti and another Vs. State of M.P. and others) W.P.No.3159/2016 (Tripathi Gurudev Vidhyaya Nand Saraswati Shiksha Uthan Samity and another Vs. State of M.P. and others) & W.P.No.3145/2016 (Poorvi Mahila Evam Bal Vikas Kalyan Samiti and another Vs. State of M.P. and others) shall be filled up on the basis of marks obtained in qualifying examination. The relevant clause 8 reads as under:
"8. For remaining vacant seats the sequence of admission shall be as under - (1) Firstly 15% seats shall be filled by management of the respective institutions by NRI candidates only if they are available. If sufficient number of NRI candidates are not available then remaining vacant seats shall be merged into general pool. Seats in general pool shall be filled on the basis of merit of state level common entrance test conducted by Madhya Pradesh Vyavasayik Pariksha Mandal or any other agency authorized by the State Government for this purpose.
(2) Secondly remaining seats shall be filled on the basis of merit of National level seat as decided by the State Government.
(3) Thirdly remaining seats shall be filled on the basis of marks obtained in the qualifying examination."
The sub-clause (1) and (2) which have been substituted on 7.6.2010, whereas sub-clause (3) and (4) has been omitted."
We do not find any merit in the arguments raised, as such amendment is in tune with an order dated 22.7.2011 passed by the Supreme Court in College of Professional Education and others 5 W.P.No.3130/2016 (Shri Om Prakash Shiksha Prasar Samiti and another Vs. State of M.P. and others) W.P.No.3159/2016 (Tripathi Gurudev Vidhyaya Nand Saraswati Shiksha Uthan Samity and another Vs. State of M.P. and others) & W.P.No.3145/2016 (Poorvi Mahila Evam Bal Vikas Kalyan Samiti and another Vs. State of M.P. and others) Vs. State of U.P. and others, Civil Appeal No.5914/2011, which enjoins a duty upon the State to ensure admissions only through counselling after holding State Level Entrance Examination against all the seats sanctioned in self- financing institutions running B.Ed., Course. Therefore, the guidelines issued by the State earlier in point of time than the judgment, for admission to B.Ed., M.Ed., B.P.Ed., M.P.Ed. course is in tune with the order of the Supreme Court and does not wants any interference."
4. In respect of relief sought for by the petitioners in paragraph 7(2)(a) to (i), learned counsel for the petitioners fairly submits that in view of the decision rendered by this Court in the case of Swavittiya Ashaskya Mahavidyalaya Vikas Sangh (supra), the said reliefs are not amenable to the petitioners at this stage, more particularly; at a date when the academic session 2016-17 is over.
5. In view whereof, as no relief can be granted to the petitioners, petitions fail and are dismissed.
(Sanjay Yadav) (S.K.Awasthi)
Judge Judge
b/-