PRADEEP KANT, J. - (1.) THIS is a bunch of writ petitions filed by the private unaided institutions running B.Ed course and some of the students, challenging the Government Order dated 15.10.2009, by means of which an amendment has been made in para 7 of the Order, known as the Uttar Pradesh State Universities (Regulation of Admission to Courses of Instructions for Degree in Education in Affiliated, Associated and Constituent Colleges) Order, 1987, declaring the academic session 2009-2010 as zero session.
(2.) THE aforesaid Government Order dated 15.10.2009 recites that a joint entrace test for admission to B.Ed. courses in affiliated colleges of different universities was conducted by Chhatrapati Shahu Ji Maharaj University Kanpur in July, 2007 and thereafter under the orders of this Court, special counselling was conducted in March, 2009 for academic session 2007-2008. Likewise, a joint entrance test for admission to B.Ed. courses for academic session 2008-09 was conducted by Dr. Bhimrao Ambedkar University, Agra, which examination was held in October, 2008. The second round of counselling was conducted under the orders of High Court dated 5.5.2009, but since a large number of seats were lying vacant even after the second counselling, i.e. about 15000 seats, the State Government took a decision to fill the remaining seats by holding yet another counselling after seeking due permission from the Court, which matter was then under consideration and taking into account that under the norms set up by the National Council for Teacher Education (NCTE), minimum 210 days teaching would be required, which, under the circumstances revealed that the present academic session 2009-2010 would be consumed by two academic sessions i.e. 2007-2008 and 2008-2009; therefore, academic session 2009-2010 is declared as a zero session. The effect of the aforesaid order is that for the academic session 2009-2010, no common entrance test would be held by any university and no admission of students for B.Ed. course would be made for the said session.
(3.) THE challenge to the aforesaid Government Order has been made mainly on the following grounds: (i) The State Government was having no power, authority or jurisdiction to declare the academic session 2009-2010 a zero session. (ii) The reasons given therefor are wholly irrational and without any basis; muchless they do not carve out any exceptional reason or ground for taking such a drastic decision, affecting not only 1006 or so such self-financed institutions, which cannot pay salary to such a large number of teachers in all, with the result that they would not be having teachers for the next academic session; besides, several thousand students would be deprived of seeking admissions for B.Ed. course in the said academic session; (iii) The order impugned impinges upon the autonomy of private un-aided institutions and that of the University to which they are affiliated, though the State Government has no authority to legislate or issue any executive order in respect to the admission procedure or laying down any criteria for admissions or for regulating the admissions, that too to the extent of prohibiting the admissions for a particular academic session. ;