IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No. 5728 of 2010 Decided on : 20.9.2010 H.P. B.ED. College Association and ors. .. Petitioners. Vs. State of H.P. & anr. ……... Respondents. Coram The Hon’ble Mr. Justice Kurian Joseph, Chief Justice. The Hon’ble Mr. Justice Kuldip Singh, Judge. For the petitioners : Mr. Shrawan Dogra, Advocate. For the respondents : Mr. R.K. Bawa, A.G. with Mr. J.K. Verma, Dy. A.G. for respondent No.1. Mr. B.C. Negi, Advocate, for respondent No.2. Justice Kurian Joseph, C.J. (Oral) The writ petition is filed with the following prayers:- “ (i) That the self financed and un-aided private B.Ed Colleges in the State of H.P. may be permitted to fill up vacant seats left unfilled after last date of counseling held on 30.8.2010, of their own from any source, without insisting for participation in counseling held by respondent University, for the sessions 2010-2011, on the basis of academic merit without compromising with the NCTE Norms ; (ii) That in future, the respondents may permit the self-financed and un-aided private B.Ed Colleges of the State of Himachal Pradesh to make admissions to fill up their respective B.Ed seats of their own, firstly as per the norms framed and settled by the respondent State and 2 respondent University and thereafter from any source subject to the educational standards required by NCTE.” 2. Mr. B.C. Negi, learned standing Counsel for the University, on instruction, submits that even after the centralized counselling for admission of the students, there were few vacancies left and hence, the University had issued second advertisement for spot admission on 30.8.2009 permitting the students to apply afresh even if they had not applied earlier. Still there is no response, it is submitted. The learned counsel for the petitioner submits that several inquiries are there with them for admission. 3. The learned counsel for the petitioners submits that since the admissions are made in respect of vacant seats and since despite all efforts taken by the University, there are no candidates, there may not be further restriction in terms of the prospectus in the matter of admission in the college. The learned standing counsel for the University vehemently contends that the admission can be made only in terms of the prospectus and whatever restriction imposed in the prospectus should be followed by the College concerned as well. We are afraid that the stand taken by the University cannot be appreciated. Once admission has been closed in terms of the prospectus and since the efforts taken by the University itself for filling-up the vacant seats not yielding any fruits and still seats remaining vacant, there is no point in putting any rigor or restriction in the matter of admission. This does not mean that Institutions should not comply with statutory requirements in terms of the qualification and age. Hence, it will be open, in the above circumstances, to make admission to any slot subject to the fulfillment of the statutory condition regarding qualification and age. In the above circumstances, we dispose of the writ petition as follows:- 3 It will be open to the petitioners to admit any student in respect of the seats subject to the candidate fulfilling the required qualifications and age limit. However, we make it clear that above process shall be completed on or before 8.10.2010, since it is submitted that even if the students start the first day on 8.10.2010, they will be in a position to complete the required number of teaching days prior to their examination. The matter will be duly processed by the concerned College as well as the University. As soon as the admission is made, the matter will be duly intimated by the College concerned to the University. At any rate, we further make it clear that the intimation shall be given to the University on or before 20.10.2010 and it will be certainly open to the University to verify the application forms of the students to satisfy as to whether the students have fulfilled the requirements in terms of their qualification and age limit. Copy dasti. (Justice Kurian Joseph), Chief Justice . September 20, 2010 (Justice Kuldip Singh), (sks/pankaj) Judge.