- (1.) THESE two appeals arise out of a common judgment in two writ petitions, one filed by the Management of the institution and the other by the students in relation to admission in M.Ed. courses conducted by the institution. The institution, having failed to receive any direction from the University for making admissions, had filed a writ petition in the year 2006 itself being Writ Petition No. 49255 of 2006. Interim orders were granted by this Court under which admissions were made by the institution and the students subsequently filed Writ Petition No. 9693 of 2009 for a mandamus to enable the University to allow them to appear in the exams. Both these writ petitions have been dismissed by the learned single Judge on 16.7.2009, hence this Appeal.
(2.) THE dispute relates to admission in M.Ed. courses of Dau Dayal Mahila P.G. College, Firozabad, affiliated to the Agra University. The institution appears to have been granted permission/affiliation by the Chancellor His Excellency the Governor vide order dated 10.6.2004 for admission against 25 seats. As a consequence of this permission, the College contends that it started running the courses and that admissions were to be made in accordance with the U.P. State Universities (Regulation of Admission to Course of Instruction for Degree in Education in affiliated, associated and constituent Colleges) Order 1987. Chapter -III of the said provisions is quoted below: CHAPTER III ADMISSION TO M.ED. CLASSES 15. Introductory. - - The provision of this Chapter shall apply for admission to a course of instruction in M.Ed. classes only in any college. 16. No person shall be admitted in any college unless he has passed an examination for the degree of B.Ed. conducted by a University established by law or an examination for the diploma of recognised B.T. or L.T. 17. Only those applications for admission to M.Ed. will be considered where the candidates, according to the statutes of the concerned University, fulfil all other qualifications except M.Ed., for appointment as a Lecturer in B.A. (Education) or in the B.Ed., department in the degree colleges of the State. 18. Admission according to merit. - - Candidates shall be admitted strictly in order of merit on the basis of percentage of marks obtained in the B.Ed. or its equivalent other recognised examinations. Full marks obtained in the theory and fifty per cent marks obtained in the practical examination shall be considered in calculating the percentage. Illustration. - -If a candidate has secured 240 marks out of 500 in the theory and 140 marks out of 200 in the practical examination then for the sake of calculation, the full marks obtained by him will be 240+(140/2 or 70) = 310 and his percentage will be 44.28 (310 x 100)/700. 19. Application of Orders of Chapter II. - - The provisions of paras 4, 5, 6, 11, 12, 13 and 14 shall mutatis mutandis apply to admission under this Chapter also. The University was requested to process admissions according to the said permission granted in the Session 2004 -05 but having failed to receive any response, the Management filed Writ Petition No. 55847 of 2005. A counter -affidavit was filed in the said writ petition and it was indicated therein that only 2 candidates had been recommended by the University and according to the conditions imposed, 50% of the seats are to be filled up from the candidates recommended by the University. It was pointed out by the Management that the University having failed to fill up 50% seats, the entire session 2004 -05 would go waste and, as such advertisement had been issued by the College for filling up the seats. The Court found that the scheme was a self financing scheme and accordingly directed the University to scrutinize the admissions and take suitable steps for admission.
(3.) THEREAFTER , for the session 2005 -06 entrance examinations were held but the results were not declared. Consequently, the University did not continue with the admission process of the Session 2006 -07. It is, therefore, clear that the University, which had to hold the entrance examination for admission to the M.Ed. courses, had not been able to hold the examinations. The reason given by the University for not processing the admissions for 2006 -07 is delayed session. In the aforesaid background, the College had come up before this Court for an appropriate direction.;