Jammu & Kashmir High Court - Srinagar Bench
Kashmir Women S College Of Education vs Kashmir University And Ors on 11 September, 2012
IN THE HIGH COURT OF JAMMU AND KASHMIR AT SRINAGAR
LPA No. 28 of 2012
IA No. 52 of 2012 & 144 of 2012
Kashmir Womens College of Education
Petitioners
Kashmir University and Ors
Respondents
!Mr. Molvi Aijaz, Advocate
^Mr. T. H. Khawaja, Advocate
Honble Mr. Justice M. M. Kumar, Chief Justice
Honble Mr. Justice Mohammad Yaqoob Mir, Judge
Date:11/09/2012
: J U D G M E N T :
M. M. Kumar, CJ
1. The instant appeal under Clause 12 of the Letters Patent is directed against judgment and order dated 31.01.2012 rendered by the learned Single Judger of this Court, dismissing the writ petition by holding that the appellant-College has illegally admitted one section of 60 students to B.Ed class, which was over and above its sanctioned intake capacity. It has also been held that the appellant-college has been moved by motive of pure commercial interest while granting admission over and above its intake capacity.
2. We have heard Mr. Molvi Aijaz, learned counsel for the appellant and Mr. T. H. Khawaja, learned counsel for the Kashmir University at a considerable length and find that the instant appeal is totally devoid of merit.
3. Once the appellant-college has been granted permission to admit 240 students in B.Ed classes, it was wholly impermissible for it to admit another section of 60 students. The only argument raised by Mr. Aijaz is that the aforesaid admission of 60 students was made because an assurance has been given by the Kashmir University. However, we concur with the view taken by the learned Single Judge that the material on the file sufficiently indicates that at no point of time during the period in question any promise or assurance was extended to the appellant for enhancing the intake capacity. In para nos. 11, 12 and 13 of the judgment of the learned Single Judge detailed discussion is available that there was neither any such promise nor any such order, therefore, the action of the appellant in granting admission to 60 students over and above its sanctioned strength was held to be illegal. The learned Single Judge has also rightly concluded that these 60 students would also not be entitled to pursue their course, appear in the University examination and get B.Ed degree in the event they are successful. The learned Single Judge has referred to statutory provisions, correspondence between the appellant and the University authorities and has rightly reached a conclusion that such a course cannot be adopted by a court of law. In that regard the learned Single Judge has rightly placed reliance on the judgment of Honble the Supreme Court in the case of C.B.S.E and anr v. P. Sunil Kumar and ors, (1998) 5 SCC 377.
4. In view of the above, the appeal is dismissed. However, the appellant would be at liberty to file a new representation to the Kashmir University in respect of the new session which has to commence from the year 2013 for enhancing its intake capacity. If any such fresh application is made within a period of two weeks then the same shall be considered by the Kashmir University in accordance with rules, regulations, statutes and law.
5. The appeal and connected applications are, accordingly, disposed of and shall be subject to observations made in the preceding paras.
(Mohammad Yaqoob Mir) (M. M. Kumar)
Judge Chief Justice
Srinagar
11.09.2012
Anil Raina, Secy