Writ Petition No.13063/2010 16.11.2011 In view of the detailed order passed today by this Court in Writ Petition No.12108/2010 (Indore Mahavidyalaya, Indore and others Vs. State of MP and others), this writ petition is disposed of in same terms. A copy of the said order be retained in this petition also. (Shantanu Kemkar) (Prakash Shrivastava) Judge Judge rcp 2 HIGH COURT OF MADHYA PRADESH : BENCH AT INDORE D.B.: Hon'ble Shri Shantanu Kemkar & Hon'ble Shri Prakash Shrivastava, JJ. Writ Petition No.12108/2010 Indore Mahavidyalaya, Indore & others Versus State of Madhya Pradesh and others Writ Petition No.12448/2010 Gyanodaya Mahavidhyalaya, Indore Versus State of Madhya Pradesh and another Writ Petition No.13063/2010 Royal College of Education & Physical Education & others Versus State of Madhya Pradesh and others Writ Petition No.14484/2010 Priyanka d/o Shri Nivaslal Shrivastava & others Versus Devi Ahilya Vishwavidhyalaya & others Writ Petition No.447/2011 3 Matushri Ahilyadevi Teachers Education Institute & another Versus State of Madhya Pradesh and another Writ Petition No.4659/2011 Star School Samiti Indore Versus Devi Ahilya Vishwa Vidhyalaya & another * * * * * Shri Ajay Mishra, learned counsel for petitioners in WP No.12108/2010. Shri Preetha Moitra, learned counsel for petitioner in WP No.12448/2010. Shri Ajay Mishra, learned counsel for petitioners in WP No.13063/2010. Shri Piyush Mathur, learned Senior Counsel with Shri Umesh Gajankush, learned counsel for petitioners in WP No.14484/2010. Shri Piyush Mathur, learned Senior Counsel with Shri Sunil Jain, learned counsel for petitioners in WP No.447/2011. Shri Piyush Mathur, learned Senior Counsel with Shri M.S. Dwivedi, learned counsel for petitioner in WP No.4659/2011. Ms. Mini Ravindran, learned Deputy Government Advocate for respondent/State. Shri R.S. Chhabra, learned counsel for respondent/National Council for Teacher Education. Shri Vivek Sharan, learned counsel for respondent/Devi Ahilya Vishwavidyalaya, Indore. * * * * * 4 O R D E R (Passed on this 16th day of November, 2011) Per Shantanu Kemkar, J. This order shall govern disposal of Writ Petition No.12108/2010, Writ Petition No.12448/2010, Writ Petition No.13063/2010, Writ Petition No.14484/2010, Writ Petition No.447/2011 and Writ Petition No.4659/2011. For the sake of convenience, facts are taken from Writ Petition No.12018/2010. 2. Writ Petition No.12108/2010 is at the instance of various colleges imparting education of Bachelor of Education (B.Ed.) Course. The grievance of the petitioners is that Devi Ahilya Vishwa Vidyalaya, Indore has not accepted the examination forms of the students of the petitioner/college belonging to other States, on the ground that the colleges have admitted such students beyond the quota of 25% fixed by the Admission Rules, 2009-10 framed by the State Government. As per Rule 1.4 of the said Rules, out of the intake capacity of the 5 college 75% seats are to be provided to domiciles of Madhya Pradesh and 25% seats are to be filled up through the students from outside the State of Madhya Pradesh. 3. According to the petitioners, except the fact that the students, regarding whom there is a dispute that they are of outside the State of Madhya Pradesh, there is no dispute about their other eligibility to get admission and to pursue the course in question. 4. Learned counsel appearing for the respondents submits that denial of acceptance of the examination forms of the said students was on account of the bar contained in Rule 1.4 of the Rules. As regards other eligibility, the stand of the respondents is that the same shall be examined at the appropriate stage. 5. Today, when the matter came up for hearing, it has been prayed by the learned counsel appearing for the petitioners that all the writ petitions be disposed of with liberty to the petitioners to submit a detailed representation along with supporting documents before 6 the Principal Secretary, Higher Education Department of the State Government with direction to the said authority to consider the said representation and take appropriate decision, keeping in view the fact that the insistence of minimum 75% reserved for the State of Madhya Pradesh, as was provided in the aforesaid rule, has now been relaxed and the fact that these students are pursuing their studies. 6. Having regard to the aforesaid submissions made by the learned counsel for the petitioners, we are inclined to dispose of these petitions with liberty to the petitioners to submit a detailed representation with supporting documents before the Principal Secretary, Higher Education Department, Government of Madhya Pradesh, Bhopal within two weeks from the date of receipt of copy of this order. In case, such a representation is submitted by the petitioners, the said authority shall examine the same and shall take an appropriate decision for relaxing the said provision, if 7 permissible, keeping in view the fact that the students have pursued their studies and in case, such relaxation as one time measure is allowed, the university shall proceed further in the matter. 7. Let appropriate decision, as aforesaid, be taken by the said authority within four weeks from the date of receipt of such representation. With the aforesaid observations and directions, the writ petitions stand disposed of. C. c. within three days. (Shantanu Kemkar) (Prakash Shrivastava) Judge Judge Pithawe RC