B.K.NARAYANA,J. - (1.) HEARD Sri P.S. Baghel learned senior counsel assisted by Sri Gautam Baghel, Sri N. K. Pandey, Sri Anurag Khanna, Sri Sunil Kumar and Sri Pankaj Satsangi for the petitioners; Sri S. G. Hasnain, Additional Advocate General counsel for the respondent no. 3 and Sri Vivek Verma for the respondent nos. 1 and 2.
(2.) SINCE common questions of law and facts arise in all these writ petitions they are there being takenup together and being disposed of by this common order. The leading petition in these bunch of writ petitions is writ petition no. 28718 of 2008, S.M. College, Chandausi and others Vs. M.J.P. Rohilkhand University, Bareilly and others. The petitioners in all these writ petitions are colleges affiliated to the M.J.P. Rohilkhand University, Bareilly (hereinafter referred to as the university) imparting education in several job-oriented courses including B.Ed. It is not in dispute that the courses imparted by the petitioners are recognised by the National Council for Teacher Education (herein after referred to as for the sake of brevity NCTE). The important issue involved in all these writ petitions is that whether the admission to private unaided (minority and non-minority) colleges imparting education for Bachelor of Education Courses recognized by NCTE and affiliated to the University can be made by any method other than by holding a common entrance test either by the State/ Universities or by all the colleges of the State coming together and whether the admission made by affiliated colleges to B.Ed. on the basis of individual entrance test are valid or not.
(3.) THE facts which are not in dispute in the instant bunch of writ petitions are that the petitioners have admitted large number of students to Bachelor of Education course run by them for the session 2006-07 who have not been selected in common entrance test conducted either by the State or by the University or by all the colleges of the State coming together but on the basis of individual entrance test. The reason for making such admissions according to the petitioners is said to be the failure of the University to recommend requisite number of candidates for admissions in the B.Ed. course run by the petitioners even after third round of counselling and even thereafter.;