65 Nos39988 8588of2010 1 a 4a IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH DATE OF DECISION2010 1CWP N03998 of2010 Raj CollegeofEducation Petitioner 1 Versus 1 0 KurukshetraUniversity Kurukshetraand others 7espondents 3 av 2CWP No588 of2010 CD X Yashu and others Petitioners Versus Z KurukshetraUniversityKurukshetraand others espondents Z CORUM 06 oo HONBLE MRJUSTICE PERMOD KOHLI 7 Present MranjayGuptaAdvocate Z Mrliarish Mehta Advocatefor thepetitioners tl MrCB Goel Advocatefor the Permod KohliJ This order will disposeof CWP Nos3998 and 8588 of 2010 as 1 commonquestions oflaw and factsare involvedin boththe writ petitions This is thesecond round of litigationbythe RajRajeshwari College ofEducationwho is petitioner in CWP N03998of2010 IntheOrstround of litigation1eee CWP No5634 of 2009 the had assailed showecausenotice dated 2562009 the provisional afflliation for the sesSlOIl 20092010 and also debaning the petitioner Institutionfrom ln thc admissionprocess to the BEd course Singh Gagan Preet 2014.05.22 14: 13 TRUE SCANNED COPY OF ORIGINAL PHHC CHANDIGARH JOYTI RANI 2016.03.28 10:56 I attest to the accuracy and integrity of this document 66 twr Nos3998 8588of2010 2 When notice of motion was issuedin the aforesaidwrit petitionfollowing interimorderwas passed on 91020091 In the the shall be to in the for allocationof the students may also be allocated to the However the institution will not make any formaladmissionwithout huther direction from this Court m It is statedby the that it in the O counsellingandadmissionprocessand merit list of 100 studentsfor 0 L admission was Above said writ petitionwas however C finally allowedbythis Court on 222010 with the followingdirectionslm s2m Vide interim order dated 9102009 a directionwas issuedto allocate100 students to the by to s in the Mr Vikas Behl Advocatehasargued thatthe studentshave X been allocatedthoughadmissionshaving not been made the same being not ctl bythis Court with the Co of the order the shall be entitledto makeadmissionssubject to I fulflllingofthe followingconditionsl Z iNf students have been allocatedand are Ll availableandwillingto seekadmissions iilIf the 1S in a positionto requisite essentiallecturesbefore the examination for which the University shall make assessment and issue necessary direction 4e0 This petitionis allowed in the abovemanner After the above directions the claims to have admitted 100 studentswith intimation to the Universityvide its Ietterdated 522010 64nnexureP29 The Universityhowever vide its replydated 10 2010 asked the petitioner not to make any admission to Singh Gagan Preet 2014.05.22 14: 13 TRUE SCANNED COPY OF ORIGINAL PHHC CHANDIGARH JOYTI RANI 2016.03.28 10:56 I attest to the accuracy and integrity of this document t 67 Nos39988 8588of2010 3 wvrn 13Ed Course for the session 2009m2010 on the groundthat admission hadalready closed on 3082009 wheninterim orderof court dated 9102009 to hold was receivedby the Universityand the college 1SllOt 111aposition to of 180workingdaysIt seemsthat the furthermadea insistingfor havingvaIidlymadeadmission of 100students andalso referredto a circulardated2812010 P issuedbythe tLY askingthe concemedcolleges to ensure of 180 0 daysinthe academicsession2002010 and itwould be the C X of the Collegeto make goodthe loss by auangingextra 4a9 Z classes In the it was alsomentionedthat the had startedthe classesfrom 522010 and also extra classesto makeup the Z W lectures The howeverdid not respond to thercquest Q of the The moved an beforethis Court in X CWPNo5634 of 2009 for modificationof theorderdated222010 This 06 0 havingbeen madeafterthe disposal of the writ petitionwas 7 withdrawnby the petitionerwith a vlew to the letter dated Z Qm 1022010 issued by the UniversityThe presentpetitionhas been filed seeking of letter dated 102010 64nnexure P8I issuedby the and a rther direction to conduct an inspection extra classesand further relief to allow the to continuewith c theclassesfor BEd course The second connected writ petitionie CWP No588 of 2010 has been filed by four students who claim to have soughtadmission in the Collegeof petitionerin CWP N03998 of 2010 Their prayer is for a direction to the Universityto issue the examinationforms for the BEd final examinationfor the Session 20092010 and to permitthem to appearin the 4 Singh Gagan Preet 2014.05.22 14: 13 TRUE SCANNED COPY OF ORIGINAL PHHC CHANDIGARH JOYTI RANI 2016.03.28 10:56 I attest to the accuracy and integrity of this document 68 40 CWPNos39988 8588of 2010 4 9pExaminationofBEd for the Session20092010 Both these writ havebeen heard ln vlew of the identicalfacts and the rellef claimed The in its replyhas the claim of the the allocationof studentspursuant to the interim order dated passedin CWP No 15634of 20090 It iS Statedthat for admissionto BEd course hadbeen on 3092009 t 1 and thusthere was no occasionfor the Universityto have the 0 in the counselling andallocationof studentspursuant to theorder C X dated9O2009 MrGoellearnedcounselfor the Universityhas argued C Z thatneither any was heldby the Universityfor admission to BEd course afler 3082009 norany studentwas allocatedto the It is also the case of the Universitythat vide the C dated22010 passed in CWP No 15634of 2009 while settingasidethe X c5 notice this Court had two conditions for making 03 to the andthe does not fulfil anyof W3 The first condition beingallocation of studentsand Z the of the studentsas also their willingness to seek admissions and the secondcondition is the opinionof the university as to whether the could completethe requisiteessential lecturers before the examination It is statedon behalfof the University that the Universityhas 49eV1 issued notification the academiccalendarand the annual examinationofthe BEd course is to commence from 152010 forpractical andtheoryexaminationon 1062010 and thus it is to complete 180days course duringthe availablenumberof 80 dayseven from the date ofjudgment The studentswho are nol to 4 in CWP No588 of2010 Singh Gagan Preet 2014.05.22 14: 13 TRUE SCANNED COPY OF ORIGINAL PHHC CHANDIGARH JOYTI RANI 2016.03.28 10:56 I attest to the accuracy and integrity of this document 69 cwr Nos3998 8588of2010 5 1 1 tiavestatedthatthey admissionin theCollegewhich is in CWPN03998 of2010 inresponseto theadvertisement in Amar and Hari Bhumi newspapers the in the Raj of Education on 10102009 to 12102009 Theyhave furtherstatedthatthey fee with the Collegeand classeshave commencedon 522010But their examinationforms have not been entertained bytheUniversity 1 I havehard learnedcounselfor theparties at length 0 Earlier writ petitionof the ie CWP No 15634of C X 2009has beenallowedby this Court quashing the show cause C5 Z notice dated25fo2009 It is relevantto mention that in the said showe notice affiliationof the was withheld cause Z and the was debarredfrom in theadmission process Whenthis Court passed orderdated902009 for allocationof 100 X direction was to the to allocate the students 05 r on thebasis of counsellingIt 1S positivecase of the universitythatno 7 held after 3092009 It is also not the case of the was Z 0 that 100 studentswere allocatedby the university lll the after 90009 The claims to have held counselling on 11102009byitself under the interim direction ofthis Courtdated902009 As a matter offact thepetitioner was not entitledto J holdcounsellingitself under the order dated 902009 In the dated22010 in the aforesaidwrit petitionwhile settingasidethe showuse noticethis Court had two conditions for admissionof 100studentsThe first condition as noticedabovewas allocation of the students their availability and willingnessThe word allocation in the order meant allocation by the University The Singh Gagan Preet 2014.05.22 14: 13 TRUE SCANNED COPY OF ORIGINAL PHHC CHANDIGARH JOYTI RANI 2016.03.28 10:56 I attest to the accuracy and integrity of this document 70 cvyr Nos39988 8588of2010 6 1 University deniedhavingmadeany allocationof studentsand so becauseno was heldbyUniversityafter3092009 TheSrst condition of allocationof studentsis itself not ful8lled Even the othertwo conditionsno materialhasbeenplaced on record to that 100 studentsare availablewith the who are theyand whether theyare willingor not2 The assertion of the that100 studentsare availablewith it are not 1 byany materialon recordwith the names and of the students 0 eligibilityOnlyfour studentshave come forwardin theirrnarksto C Z CWPNo588 of 2010 claimingto be admittedin the C5 of this petitionhavingbeen by the Collegecannot Z beruled out Z another aspectof the matter On the one hand it is pleaded There is by the thattheyadmittedthe studentspursuantto the Z 06 intenm orderdated9O2009 and on theotherhandit is stated that the QO admittedthe studentson the basisof directions in another CWP 7 No1272 of 2009 decidedon 1782009 This writpetition was filed by Q ofEducationalColleges ofHaryana to fill up unfilledvacancies of BEd course 111the member of the Association Detailed directionswere issued the Association to advertise available vacancies and to makeadmissionsin accordancewith the various directions 4ee issuedtherein One of the directionswas that the shaIl be conductedin thepresence of the of the Universityand intimationshall be given afterthecounselling which was to be heldfrom 80009 to 1202009 Neither in the earIier writ petition1eee CWP N015634 of 2009 filed by the nor lll the present writ it is pleadedthat it had advertisedvacanciespursuantto the Singh Gagan Preet 2014.05.22 14: 13 TRUE SCANNED COPY OF ORIGINAL PHHC CHANDIGARH JOYTI RANI 2016.03.28 10:56 I attest to the accuracy and integrity of this document 71 Nos39988 85880f2010 7 vv r directions dated 1792009 containedin the order passedin CWP Nol1272of2009 Thispleawas raisedduringthecourse of hearing of this The pleaof the is In one breath it 1S that studentswere allocatedto it on the basis of the interimorderdated9102009 passed in CWP No 15634of 2009andin the secondbreath it 1S to be that admissions were made to the directions dated 1792009 passed in CWP No11272 of m 2009 Even the four studentswhoare in CWP No588 of 2010 0 claimtheir admission on thebasisof the advertisementnotice issuedbythe C0 2m Collegefor holdingcounselling on 11102010 and 12102010 It is C9 wmm Z to note that at no stagethe College was to issue any Z publicnotice In any case the Collegecould not have issued m public notice for holding on 1102009 as it hadno affiliation itsaffiliationhavingbeenwithheldbytheUniversitybyvirtue ofthe notlce X 08 dated2562009 which came to be onlyon 222010 Without going C into the otherquestion whetherthe Call 180 W7 daysof thelecturesor not boththepetitions are liableto be dismissedfor 10 Qa thefollowing reasonsl oNo student was allocated to the by the pursuantto the interim order dated 902009 passedin CWP No5634 of2009 Ve 6iiThere materialon record regarding theavailability of 100 students lS no or their exceptthe four studentswho are writ petitioners 111 CWP No588 of2010 iii9Even these four studentswere not allocated seats by the University who claim to have got admission on the basis of a publicnotice issuedby the for which the was never pennitted l Singh Gagan Preet 2014.05.22 14: 13 TRUE SCANNED COPY OF ORIGINAL PHHC CHANDIGARH JOYTI RANI 2016.03.28 10:56 I attest to the accuracy and integrity of this document CWP Nos3998 4 8588of 2010 8 1 t any stage In view of the above circumstancesboth the writ petitionsare dismissedHowever the will be entitledto 111 the processandadmitthe studentsfor thenext academicsession 2010201 Copyofthis orderbeplaced on recordofeach concernedflle m 44 1 6PERMODKOHLII 4e 3 JUDGE 0 32010 C MFK 3 NOTE2Whether to be referred to Reporter or not2NO C9 S4 ae a 2 Ll 5a ctj C0 e2 22 tle Singh Gagan Preet 2014.05.22 14: 13 TRUE SCANNED COPY OF ORIGINAL PHHC CHANDIGARH JOYTI RANI 2016.03.28 10:56 I attest to the accuracy and integrity of this document