CWP No.17187 of 2009 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No.17187 of 2009 Date of Decision: May 26,2010 Association of Education Colleges (Self Financing) of Haryana (Regd.) ........Petitioner Versus State of Haryana and others .......Respondents CORAM:- HON'BLE MR. JUSTICE PERMOD KOHLI Present: Mr. Vijay Sharma, Advocate for the petitioner. Mr. R.S.Kundu, Addl. A.G., Haryana. Mr. Balram Gupta, Sr. Advocate with Ms. Anamika Negi, Advocate. ****** PERMOD KOHLI, J. Petitioner claims to be a registered society, registered under the provisions of the Societies Registration Act, 1860. It is stated that petitioner is an association of 332 private, unaided, self-financed educational institutions in the State of Haryana as its members. Member institutions are offering D.Ed course. All the institutions are duly recognized by the National Council for Teacher Education constituted under the National Council for Teacher Education Act, 1993 (hereinafter referred to as the 'NCTE Act') and affiliated with the State Council of Education Research and Training, Gurgaon. As many as 1980 seats for D.Ed course are available in the member institutions of the petitioner society. Respondent CWP No.17187 of 2009 -2- No.4 has been entrusted the job of conducting entrance examination for admissions to two years D.Ed course. Respondent No.4 issued prospectus for making admissions for the Session 2009-2011. The entrance examination was to be held on 5th July, 2009. It is stated that as many as 79,075 applications were received out of which, 68,781 candidates appeared in the test. 52,000 candidates qualified for the entrance test. Counseling programme for 1st and 2nd counseling was notified through the notification published in "The Tribune" and "Dainik Bhaskar" in issues dated 29.07.2009 & 06.08.2009 respectively. It was on-line counseling. The candidates were required to fill in the choices from 06th August, 2009 to 12th August, 2009. For first phase of counseling, the result was to be declared on 13th August, 2009, reporting of the candidates from 17th August, 2009 to 20th August, 2009 and confirmation of seats etc. on 22nd August, 2009. Similarly, second phase of counseling was to be held from 25th August, 2009 to 28th August, 2009 and admissions were to take place upto 5th September, 2009. After completion of the first and second phases of counseling, another notice was published in The Tribune dated 11th September, 2009 for third phase of online counseling, which was to be completed upto 15th September, 2009. The allocation of institutions and admissions were to be completed by 19th September, 2009. After the third round of counseling, another notice for fourth counseling scheduled to be held on 10.10.2009 was published in "Dainik Bhaskar". This time, it was a physical counseling which concluded with admissions on 05.11.2009. It is stated that still above 500 seats are available in various colleges associated with the petitioner society. The petitioner accordingly filed this petition for filling up the unfilled seats of D.Ed course for the sessions 2009-2011. The claim of the petitioner has been opposed. It is stated that only small number of seats are lying vacant in 51 institutions. Students CWP No.17187 of 2009 -3- have to complete 220 teaching/training lectures under the regulations framed by the respondents. The students will not be able to complete the course. The petitioner has relied upon a Division Bench judgment of this Court dated 21st November, 2008 in C.W.P. No.17284 of 2008 and other connected matters wherein the Division Bench of this Court had allowed to fill up the unfilled vacancies by 5th December, 2008. Some directions were issued in some other cases also by this Court. Respondents have produced copy of the minutes of meeting dated 16th December, 2009 regarding the steps taken to streamline the D.Ed course. In these minutes, it is decided that the teaching test are to be completed from 20th October, 2009 to 6th November, 2009 and the examination will commence from 15th June, 2010. If at this stage, the students are permitted to be admitted, it will be impossible for them to complete the course of studies. Petitioners cannot be permitted to make admissions at this belated stage for the current Session 2009-2010. No merit, petition dismissed., 26.05. 2010 (PERMOD KOHLI) Gagan JUDGE