Divya College Of Education vs State on 6 December, 2012
24. The petitioner-college has not thrown challenge
to Statute-4 and Statute-11 of the University
statues. In the circumstances, the argument that
University lacks power to make admissions in
light of above referred Apex Court Judgments is
of no avail to the petitioner-college. The
petitioner college, on the other hand, has assailed
the order No. CDC/12/3112-16 dated 29th June,
2012, whereby the University has rejected its
representation for regularizing admission of 292
candidates admitted by it on its own. For the said
reasons, reliance on the judgment of Punjab and
Haryana High Court in a Civil Writ Petition
20
No.10091 of 2009 titled Self Financed B.Ed.
Colleges Association Punjab (Regd) and
another Vs. State of Punjab and another
is also misplaced. In the said writ petition, the
petitioner had questioned the authority of the
State Government to conduct entrance test
through Universities in Punjab for selection of
students for admission to B.Ed course and
thrown challenge to the Government Notification
dated 19th May, 2009 pleading that the
Government lacked authority to issue such
notification. In the present case, the petitionercollege
without questioning the University
Statutes under which the University has exercised
its power to make admissions, has questioned the
order, whereby the University has declined to
regularize admissions made on its own by the
petitioner-college. The facts of the present case
are markedly different from the facts of the case
relied upon by the petitioner-college. This apart,
Statute-4 and Statute-11 of the University
21
Statutes are based on the writ Court order in
Anita Kumaris case (Supra) and have found
approval of the Court as reflected in its judgment
dated 24th July, 1997.