- (1.) Leave granted. Heard. These Appellants challenge the judgment dated 23.32010 passed by the Allahabad High Court, which quashed Government Order dated 15.10.2009 issued by the state government declaring the session 2009-10 for B. Ed courses as 'zero year', but declined to grant relief to the students admitted to B. Ed courses for the year 2009-10.
(2.) In regard to admissions for 2011-12, the following time schedule was agreed, as recorded in the interim order dated 11.3.2011;
(3.) In regard to admissions for academic sessions 2012-2013 and subsequent academic years, the institutions and the state government have arrived at a broad consensus regarding the procedure, the terms of which have been set out in the affidavit filed by Dr. R.K. Gupta, Associate Professor, Department of Higher Education, Government P.G. College, Noida on behalf of the state of U.P. The terms agreed are as under: (i) To ensure that all seats in the colleges are filled through counseling pursuant to Entrance Examination, the Colleges are required to update their websites daily and display the number of students admitted as well as the number of seats vacant. For this purpose, each college shall have an official websites giving the details of total sanctioned seats, bank account etc. During the course of counseling, they will update their official website on day to day basis regarding vacant seats after admissions. The colleges shall also communicate the said particulars on daily basis to the Registrar of concerned University (Examination conducting body) through e-mail/telephone/Fax. (ii) Every college will display its Bank Account Number and its name on its website and also provide to the concerned University (the examination conducting body). Any student, who is allotted to a particular college through counseling after the B. Ed. Joint Entrance Examination, will deposit his fees directly with the CBS Branch of the said Bank Account of the college to which he is allotted, within three days from the day of counseling. Subsequently, the said student will make available the copy of the proof of fee deposited to the concerned college and the concerned University. The concerned college will display the same on its website along with the details of the students. If any student faces any difficulty in depositing of the fee in the CBS account of the college to which he is allotted, he can immediately contact the University, the college and if required then concerned District Magistrate. (iii) The schedule for admission for the academic session 2012-13 and subsequent years, shall be as under: [Note: for subsequent years, the same dates and months will apply] (iv) From 2012-13, there will be only one counseling, which will continue for a period of 25 days. During the counseling, if it is found that a candidate/s allotted to any college do not turn up to take admission, the college shall inform the Counseling Authority and upon receipt of such information, another set of candidates will be sent to such colleges after counseling. The said counseling will be continuous to expedite the procedure of admission till closure of admission, without any second or third round of counseling. (v) As per the schedule agreed for the year 2011-12, as per order dated 11.3.2011 of the Supreme Court, the admission process will be completed by 31.07.2011 after the first counseling. Subsequently, any vacant seats ascertained, wilt be filled up through second phase of counseling conducted from 03.08.201 to 07.08.2011. Thus, the whole process of admission to all the seats of B.Ed. course shall be completed by 14.08.2011. (vi) After that date (14.08.2011) if any seat remains vacant in a private college then to fill up the same the following course may be followed to ensure filling up all the vacant seats through counseling only: (a) Awaiting list in the form of pool of about 5000 candidates will be prepared. The waiting list may be enlarged as per the requirement to fill up the vacant seats. The candidates registered with the pool will have to give an undertaking to the effect that they can be sent to any college having vacant seat for admission and they will have no objection. The candidates registered with the pool/waiting list will be arranged as per merit and will be allotted the colleges having vacant seats in their subjects according to their merit. This option will be exercised only after the end of counseling and be adopted only on the request of the colleges for filling up their remained vacant seats within three days from the last date of admission. In such circumstances, the concerned university will provide the students from waiting list accordingly to fill up the seats but the entire process will be completed within 10 days, i.e. by 24.08.2011 for the session 2011-12 and 8th of July for the next consecutive years. The wait listed pool candidates, shall along with the undertaking, deposit the fees with the University concerned and in case the candidates fails/refuses to join the allotted college as per his undertaking then the fee deposited with university will be remitted to the account of the college immediately, to which the students has been allotted by the university provided that the seats remained vacant during that academic session. (b) After the counseling is over, the concerned University will continue to allot the candidates from the above mentioned waiting list against the vacant seats till all the seats in the colleges are filled up. It is further submitted that the organizing university will provide students only to the existing B. Ed. College and all those B. Ed. Colleges which will get affiliation upto dated 07.07.2011 will not be considered for counseling to the year 2011-12 and for the next consecutive years and onward the colleges which will be get affiliated on or before 10th of May of that year, would be considered for counseling. (c) The organizing University will start online help service through which the complaints of the candidates will be redressed. All the colleges concerned will also provide their helpline separately and after receipt of the complaints the organizing university will forward the same to the concerned college for redressal, failing which the organizing university will seek the explanation from the college concerned and if any default or omission is found on the part of the college, then the same would be forwarded to the government for necessary actions against such college. (d) The state shall take all endeavour to ensure admissions only through counseling after holding State Level Entrance Examination against all the seats sanctioned in self-financing institutions running B. Ed. Course. (e) That in case any unforeseen difficulty arises regarding filling up vacant seats in the concerned colleges despite strictly following the procedure agreed, even after 24.08.2011, the colleges will be entitled to approach, for filling up their vacant seats, to Principal Secretary/Secretary of the Department of Higher Education, Government of UP who will arrange to provide selected candidates from the wait-list pool within 3 days from receipt of application to fill up those vacant seats. (f) The same procedure will mutatis mutandis apply for the academic years 2012-13 and thereafter. (vii) The state government will adopt similar procedure in regard to filling of any vacant seats for the admission for the academic year 2012-13 and subsequent years.;