Civil Writ Petition No. 3312 of 2008 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No. 3312 of 2008 Date of decision: April 24, 2008 Association of Education Colleges (Self Financing) of Haryana (Regd.) … Petitioner Versus M.D. University, Rohtak & another. … Respondents CORAM: HON'BLE MR. JUSTICE ASHUTOSH MOHUNTA HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Mr. Rakesh Nehra, Advocate with Mr. Vijay Sharma, Advocate for the petitioner. Dr. Balram Gupta, Senior Advocate with Mr. Satish Chaudhary, Advocate for respondent No.1 (University). Mr. V.S.Bhardwaj, Advocate for respondent No.2. KANWALJIT SINGH AHLUWALIA , J. CWP No. 3312 of 2008 has been preferred by Association of Education Colleges (Self Financing) of Haryana (hereinafter called ‘petitioner-association’) against M.D. University, Rohtak and National Council for Teacher’s Association, Jaipur, praying that respondent No.1 be directed to hold counseling for B.Ed. Course (special session 2007-08) for admitting the students in the B.Ed. Colleges, which were members of the petitioner-association. Civil Writ Petition No. 3312 of 2008 2 CWP No. 4661 of 2008 has also been preferred by the same petitioner-association with similar prayer to include the name of Sant Jai Ram Dass College of Education, Village and Post Office Pali, Tehsil and District Mohindergarh, Haryana, which is a member college of the petitioner-association, to grant recognition for the admission intake of B.Ed. course in the list of colleges being considered for such admission in the special session 2007-08. CWP No. 3682 of 2008 which, vide a separate order, has been preponed for today, has also been preferred by the same petitioner- association, praying for the similar relief. Respondent No.1, M.D. University Rohtak had filed a reply to CWP No.3312 of 2008 and in other two connected writ petitions, it made a statement that reply filed in CWP No. 3312 of 2008 be considered as reply in CWP No. 4661 of 2008 and CWP No. 3682 of 2008. Since the same relief has been sought in all these three writ petitions, therefore they are being disposed off by this common judgment. We have heard Mr.Rakesh Nehra and Mr.Vijay Sharma, appearing for the petitioner-association; Dr.Balram Gupta with Sh.Satish Chaudhary for respondent No.1 (M.D. University Rohtak) and Mr.V.S.Bhardwaj for respondent No.2 (National Council for Teacher’s Association). It has been stated by the petitioner-association that their member colleges have been granted recognition by National Council for Teacher’s Association, respondent No.2 and they also got affiliation with M.D. University Rohtak, respondent No.1. Counsel appearing for the petitioner-association has heavily relied upon Annexure P-12, minutes of 148th Meeting of Academic Council held on 12th February, 2008, wherein it Civil Writ Petition No. 3312 of 2008 3 was decided to introduce special session for M.Ed. Regular Course 2007- 08. Relevant extract is reproduced below: “Considered the following: i) The action taken by the Vice-Chancellor in pursuance of the orders of Hon’ble High Court and thus in anticipation of the approval of the Academic Council, to run (as one time exception) a special academic session for M.Ed. (Regular) Programme. ii) Make admissions, consequently, to 16 colleges of Education (Annexure XI at page 60, already circulated) based on counseling of candidates who have already applied for admissions to the programme in 2007-08, and for whom an Entrance Test has already been conducted. iii) Hold a separate special examination for such students after they have gone through a full teaching training schedule (Annexure XII Page 61, already circulated) to be drawn in conformity with all the statutory requirements, with examinations, academic schedule and declaration of result independent of those M.Ed. students whose academic session has already started with effect from 26.11.2004. iv) Charge Rs.5000/- as Special Examination fee for this one time Special Academic Session. v) Each of these Colleges be required to give an undertaking to the effect that they will made up all the deficiencies as pointed in their respective inspection report by March 20, 2008. The Vice Chancellor informed the Council about the observations received by fax from the Higher Education Commissioner, Haryana in the matter. The Council noted the decision of the Hon’ble Punjab and Haryana High Court received in a few cases as to the University having not been able to hold second counseling for admission to its M.Ed. programme. It was also noted that a large number of students were deprived of admissions made to the regular session, while quite a few Self-financing Colleges of Education were prepared to make admissions and had the Civil Writ Petition No. 3312 of 2008 4 infrastructure for running a special session for the M.Ed. Course. Keeping in the above in view, it was: RESOLVED THAT THE ACTION TAKEN BY THE VICE-CHANCELLOR AS ABOVE BE APPROVED. RESOLVED FURTHER THAT THE VICE- CHANCELLOR MAY CONSTITUTE A COMMITTEE OF 3-4 PERSONS UNDER THE CHAIRMANSHIP OF DEAN, ACADEMIC AFFAIRS TO EXAMINE THE RELEVANT STATUTE/ ORDINANCE GOVERNING GRANT OF AFFILIATION TO NEW COLLEGES/ INSTITUTES OF SUGGEST STEPS NECESSARY FOR COMPLIANCE OF AND ADHERENCE TO THE REQUIREMENTS OF THE SAME, ESPECIALLY IN ORDER TO AVOID ADMISSIONS BEING MADE THEREIN AFTER THE DUE DATES.” The counsel for the petitioner have further held that resolution No. 22 was separately passed that on the same analogy of special session introduced for M.Ed. Regular Course 2007-08, same be also permitted for starting of special session of B.Ed. regular course 2007-08. Resolution No.22 is reproduced below: “22. Introduction of Special Session for B.Ed. Regular Course 2007-08. Considered the request of Association of Education Colleges (Self Financing) of Haryana (Annexure XVII pages 69-70, already circulated) for starting a Special Session of B.Ed. Regular Course, 2007-08 (on the analogy of Special Session introduced for M.Ed. Regular Course 2007-08) and to hold centralized counseling for admissions on the basis of merit drawn for B.Ed. Common Entrance Test, 2007 for the newly NCTE recognized Colleges of Education in the State of Haryana. Civil Writ Petition No. 3312 of 2008 5 RESOLVED THAT THE REQUEST AS ABOVE BE APPROVED EXACTLY ON THE SAME PATTERN AS APPROVED UNDER AGENDA ITEM NO.21 ABOVE. RESOLVED FURTHER THAT ADMISSIONS TO THE B.ED. COURSE FOR THIS SPECIAL SESSION BE MADE ONLY FOR THE NEW COLLEGES AND THAT NO SUCH ADMISSIONS BE ALLOWED AGAINST VACANT SEATS/ INCREASE INTAKE IN THE EXISTING COLLEGES WHERE ADMISSIONS FOR THE REGULAR SESSION 2007-08 HAVE ALREADY BEEN MADE.” Counsel for the university has stated that even though the resolutions were passed, as certain colleges were affiliated with Kurukshetra University, to have the uniformity in the State, consent of Kurukshetra University was also sought for making admissions in the special session 2007-08 as the M.D. University was the Nodal University for conducting the counseling for admission. Since the consent of Kurukshetra University had not been received, delay has occurred and it was observed by the Vice Chancellor that “it was then too late to run a Special Session in terms of the decision of the Academic Council. The time left was too short to comply with the statutory requirements laid down by the NCTE and accordingly ordered not to proceed further in introducing the Special Session for B.Ed. Regular Course 2007-08 at this belated stage”. It has further been averred in the written statement as under: “Moreover, as per norms and standards for Secondary Teacher Education Programme leading to Bachelor of Education (B.Ed.) Degree issued by the NCTE, there shall be atleast 180 working days, exclusive of period of examination and admission etc., out of which atleast 40 days shall be for teaching practice. Besides this, every College will observe Summer Vacation, Autumn break and Winter break of 7 days each. A total period of one Civil Writ Petition No. 3312 of 2008 6 Academic Session to complete the above requirements is about 10 months. In case we start B.Ed. Special Session in the month of March, obviously it will run to December, 2008. Needless to say that their result and examination will be declared very late which will create problem for the smooth running of the session, 2008-09. The delay of holding examinations and declaring results is not in the public interest because it may affect the chances of students to go for further course/ career.” Dr.Balram Gupta appearing for the University has stated that April 2008 is coming to an end and fresh academic session 2008-09 is to commence from July 2008. In case special session as sought by the petitioner-association, is allowed then in July simultaneously two sessions, i.e., special session 2007-08 and 2008-09 will be running together. To run both the sessions, infrastructure is not available. Colleges are ill-equipped to manage both the sessions. Furthermore, faculty will be under strain and the quality of teaching will deteriorate. University will not be able to ensure academic excellence. We find force in these contentions of Dr.Balram Gupta, counsel for the university. We find no reason to allow these writ petitions, which are motivated for a profit for running two simultaneous courses. In the facts and circumstances of the case, we are of the view that while exercising writ jurisdiction, judicial intervention is not called for. To ensure academic excellence, is the job of authorities of the University, for which they are best qualified and the courts perhaps, are less qualified to judge. The University, while permitting special session 2007-08 has to take various parameters into consideration. As the University, for the valid reasons, have found that it is not possible to hold special session for 2007- 08, we cannot issue mandamus to them to run such a special session, simply because petitioner-association desires so. Civil Writ Petition No. 3312 of 2008 7 Hence, we find no merit in these three writ petitions and they are liable to be dismissed. [KANWALJIT SINGH AHLUWALIA] JUDGE [ASHUTOSH MOHUNTA] JUDGE April 24, 2008 rps