SWAMI DEVI DYAL Vs. KURUKSHETRA UNIVERSITY, KURUKSHETRA

JUDGEMENT

(1.) This petition seeks a direction to quash order dated 22.1.2007, Annexure P.15 requiring the petitioner No. 1-Institute to inform 23 students i.e. petitioners 2 to 24 admitted by it to the M.Ed. course for Session 2006-07 that their admissions were illegal.

(2.) Case of the petitioner-Institute is that it was running a B.Ed. college since the year 2004-05. It applied for starting M.Ed. course in the same college and made an application dated 13.9 2006. Annexure P.6 for the purpose. It also applied for affiliation vide letter dated 14.9.2006, Annexure P.7. On 2.12.2006, petitioner No. l was granted permission by the National Council for Teachers Education (NCTE) with intake of 25 seats for the session 2006-07 vide Annexure P.9. The respondent-University vide letter dated 4.12.2006, Annexure P.10 informed the petitioner-Institute that inspection of the college will be carried Out. Inspection was carried out and the petitioner understood that affiliation will be granted. On 11.12.2006. Annexure P.12, the petitioner- Institute gave advertisement for admissions and gave admission to 24 students who started attending classes from 16.12.2006. The petitioner-Institute informed the University about the admissions but vide impugned letter, the University took the stand that the admissions were illegal. On 29.1.2007, vide Annexure P.16, a notice was also published in the newspaper that the petitioner-Institute had not been given affiliation.

(3.) In the reply, filed, the stand taken by the University is that approval granted by the NCTE was subject to certain conditions and the admissions were made by the petitioner-Institute without affiliation which was not legally permissible. Advertisement for admission was illegal by wrongly mentioning that NCTE approval was for the session 2006-07 but in the letter of the approval, Annexure P.9, session 2006-07 was not mentioned. As per norms laid down by NCTE for M.Ed. course, Annexure R.4, atleast 200 working days for instructions/field work for dissertion and internship were required to be completed. Conduct of the Chairman of the petitioner-Institute in exchanging hot words with the inspection team also dis-entitled the petitioner Institute for any relief. Making of admissions in the middle of December was in the mid session and it was impossible to achieve minimum requirement of 200 working days.