IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP No.: 6911 of 2011. Decided on: 24.08.2011. _____________________________________________________ Himachal Pradesh B.ED. College Association through its President. … Petitioner. Versus Himachal Pradesh University and another. … Respondents. Coram The Hon’ble Mr. Justice Kurian Joseph, C.J. The Hon’ble Mr. Justice Rajiv Sharma, J. For the petitioner : Mr. Shrawan Dogra, Advocate. For the Respondents : Mr. B.C. Negi, Advocate for respondent No.1. Mr. Sanjeev Bhushan, 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 Himachal Pradesh may be permitted to fill up vacant seats left unfilled after last date of admission i.e. 31.7.2011, of their own from any source, by extending the last of admission till 30.9.2011, on the basis of academic merit without compromising with the NCTE Norms; (ii) That the respondent No.2 may be directed to issue clear directions with regard to norms for admission and eligibility for B.Ed. course which should be - 2 - scrupulously followed by the affiliating Institutions without making any addition or deletion to the same. (iii) 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 University and thereafter from any source subject to the educational standards required by NCTE.” 2. It is pointed out that approximately four thousand seats are remaining unfilled in the State of Himachal Pradesh. According to the petitioner, there are thousands of students who are otherwise eligible in terms of the academic qualifications. According to the petitioner, the following are the reasons for not filling up the vacancies:- “Firstly, the last date of admission, i.e. 31.7.2011 is so fixed that results of BA Final year have not been declared in many of the Universities outside the State from where number of candidates are available to the Institutes; Secondly, the provision for subject combination is causing another hurdle where as in other States no such combination of subjects requirement is insisted; Thirdly, many of the OBC candidates with more than 45% marks are interested to take admission in B.Ed. but like SC/ST candidates relaxation in qualifying marks from 50% to 45% is not being given to them; Fourthly, like last year after making attempt to fill the seats with the norms fixed by the University are not fully filled the vacant seats may be allowed to be filled up from any source subject to norms of NCTE; Fifthly, the provision regarding fixation of maximum age limit for admission to B.Ed. course is also causing problem as there is no such age condition in surrounding States and moreover, there is no such bar fixed by the NCTE; Sixthly, between the counseling date of government B.Ed. Institutions and the last date for admission to private colleges the gap was of one day only whereby many candidates trying their luck for government - 3 - Institutions did not get enough time for making decision for admission to private colleges; and Seventhly, no prejudice would be caused if the last date of admission is extended up to 30th September, 2011 as done last year also as the minimum teaching days as per norms of NCTE can be completed from that date onwards also and there would be no change in the examination schedule of the respondent University.” 3. Learned counsel for the second respondent submits that as far as admission in Colleges is concerned, they only insist that the norms prescribed by them on all India basis for keeping the standard of education, should be fulfilled. 4. It is seen that the petitioner Association has submitted Annexure P-8, representation followed by Annexure P-9, reminder. There will be a direction to the first respondent/University to look into the matter with an open mind, keeping in mind also the broad guidelines prescribed by the NCTE and also to see that the students who are otherwise desirous of getting admission in the Colleges, are not denied the opportunity and see whether relaxation subject to the norms of the NCTE on age and qualification can be given so that the vacant seats can be filled up. Needful in this regard shall be done by the first respondent/University within a week from the date of production of a copy of this judgment by the petitioner before the first respondent/ University alongwith copy of the writ petition. 5. The writ petition is disposed of, so also the pending applications, if any. No costs. - 4 - Authenticated copy of this judgment be supplied to the parties. (Justice Kurian Joseph), Chief Justice. (Justice Rajiv Sharma), Judge. August 24, 2011. (sck/hl).