IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No. 2045 of 2008. Date of decision:11.11.2008. Minerva College of Education …Petitioner. Versus State of H.P. & Ors. …. Respondents. Coram The Hon’ble Mr.Justice Jagdish Bhalla, Chief Justice. The Hon’ble Mr.Justice Kuldip Singh, Judge. Whether approved for reporting?1 For the petitioner: Mr. Sanjeev Bhushan, Advocate. For the Respondents : Mr.R.K.Bawa, Advocate General with Mr.J.K.Verma, Dy.A.G. for respondent No.1. Mr.B.C.Negi, Advocate for respondents No.2 and 3. Jagdish Bhalla, Chief Justice(Oral). This writ petition is directed against the order dated 13.10.2008 of the State Government whereby the State Government has taken a decision that no exclusive Arts stream could be allotted to the petitioner’s College. 2. To understand the approach of the petitioner by filing this petition, we would like to indicate that the petitioner had earlier filed CWP No.1690 of 2008 with the prayer that the petitioner College be given 100 seats as the college was only for Arts and Commerce Whether the reporters of the local papers may be allowed to see the Judgment? …2… 2 streams and there is no medical and non medical stream. The said petition was disposed of in light of the undertaking given by the Registrar of the University regarding filling up 165 vacancies in the Arts stream to be filled up from amongst 700 students. 3. We take judicial notice of the fact that initially the State Government has fixed a ratio for admission of the students for B.Ed courses by granting 40,30 and 30 for Arts/Commerce stream, non- Medical and Medical streams respectively. However, on the representation of the institution the same was subsequently changed in the following year to 50, 25 and 25 respectively. Again on the representation there was further change in the ratio by the State Government to 60, 20 and 20. This year again for the year 2008- 09 certain attempts were made by the Educational Institutions so as the said ratio be changed. However, this year the State Government did not change the said ratio. The said decision of the State Government was never challenged by the petitioner. In the circumstances, the petitioner’s college is governed by the decision taken by the State Government. In light of the aforesaid undertaking, 12 students of Arts stream have been recommended for admission out of which 11 have taken admission. On the instructions of the University authorities Mr. Negi informs that one student would be provided to the College because the student, who was recommended for admission, failed to join the College. This concession granted on behalf of the University cannot be treated as precedent for times to come. …3… 3 4. From the perusal of the impugned order Annexure P-10, it appears that some Science Laboratory and teachers with M.Sc (Mathematics) and M.Sc.(Chemistry) are available with petitioner. The petitioner’s College had neither taken stand that they will run only B.Ed. courses for Arts stream nor there was any specific assurance given by any authority in this regard to the petitioner’s organization. We are further of the opinion that conversion of the seats from one stream to another stream is the prerogative and total domain of the State Government and this Court would not like to walk into it. 5. Now, the admissions are over. Therefore, for practical purpose this petition has become infructuous. In one of the matters i.e. CWP No.760 of 2008 parties agree that the University may advertise for outside candidates which has been done. The said decision will not improve the case of the petitioner at all. The prayer as far as passing of the order contained in Annexure P-10 is concerned, we are of the considered opinion that the petitioner can not seek more than number of seats allotted in the Arts / Commerce stream. 6. In light of the above, no interference is warranted and the writ petition is dismissed, so also the pending applications. ( Jagdish Bhalla ) Chief Justice. ( Kuldip Singh ) Judge. November 11, 2008 (sks)