C.W.P. No.8069 of 2010 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH ***** C.W.P. No.8069 of 2010 Date of decision : 27.5.2010 Kalpana Chawla College of Education for Women, Hisar -----Petitioner. Vs. Kurukshetra University, Kurukshetra and another -----Respondents CORAM:- HON'BLE MR. JUSTICE PERMOD KOHLI Present:- Mr.Hari Om Attri, Advocate for the petitioner Mr.R.S.Kundu, Addl. A.G. Haryana --- PERMOD KOHLI J :- 1. The petitioner is an educational institution, established in the State of Haryana. The petitioner is running B.Ed. Course. After counselling by the University, for admission to B.Ed Course during the session 2009-2010, a large number of seats remained vacant in the non-aided self financed institution in the State of Haryana. The association of the such institutions filed CWP No.11272 of 2009, seeking directions to fill up the vacant seats of B.Ed Regular Course in its member colleges for the session 2009-2010 in the State of Haryana. This writ petition came to be decided vide order dated 17.10.2009. The University was allowed to call further counselling by issuing public notices on 23.9.2009 to 27.9.2009, 29.9.09 and on C.W.P. No.8069 of 2010 -2- 30.9.2009. It was further provided that if still some seats remain unfilled, the respective colleges were allowed to fill up such seats at their own level, in accordance with the method prescribed in the order itself. The colleges were to issue public notices and held counselling from 8.10.2009 to 12.10.2009, in presence of the nominee of the University. The list and details of the admitted candidates and their merit position was to be communicated to the University within a period of 10 days from the date of admission. According to the petitioner, one Dr.R.K.Tomar, Principal of D.M.College, Hisar, was a nominee of the University, in whose presence the counselling and admissions were held. The list of the selected candidates, who were admitted to the course, was prepared on 12.10.2009, the last day of the counselling. The list was duly endorsed by the University's observer. It is further stated that the list was handed over to Dr. Tomar for submission to the University. The petitioner was served with a letter dated 19.3.2010, whereby the petitioner was communicated that the admission of candidates admitted to B.Ed Course, during the session 2009-2010, has been cancelled, as the list of such admitted candidates was not received in the office of University till 22.10.2009. It is stated in the aforesaid communication that the petitioner college did not fulfill the eligibility conditions and has also violated the guidelines of this Court. 2. In the reply filed, also the same stand is reiterated. 3. I have heard the learned counsel for the parties. 4. It is admitted case of the parties that the counselling was held between 8.10.2009 to 12.10.2009, in presence of the nominee of C.W.P. No.8069 of 2010 -3- the University. It is also admitted position that Dr.Tomar was the nominee of the University and he was party to the selection and preparation of the final list of selected candidates. It is not the case of the University that any candidate other than the selectees, in presence of the nominee of the University, has been admitted to the course. The only ground is late submission of the list to the University. There is no allegation of fabrication of the list in any manner. 5. In view of the above circumstances, this petition is allowed. The impugned order, Annexure P-5, communication dated 19.3.2010, is hereby quashed. Respondent-University is directed to permit the students admitted by the petitioner, to appear in the final B.Ed examination and their result be declared accordingly. (PERMOD KOHLI) JUDGE May 27, 2010 akm