KHARAGPUR TRIBAL B.ED. TRAINING COLLEGE Vs. VIDYASAGAR UNIVERSITY
LAWS(CAL)-2013-3-29
HIGH COURT OF CALCUTTA
Decided on March 14,2013

Kharagpur Tribal B.Ed. Training College Appellant
VERSUS
VIDYASAGAR UNIVERSITY Respondents

JUDGEMENT

PRASENJIT MANDAL,J. - (1.) THESE three applications are disposed of by this common judgment and order as the identical question of law and fact is involved therein.
(2.) FOR convenience, the W.P. No.23996 (W) of 2012 is taken up for hearing. This application is at the instance of Kharagpur Tribal B.Ed. Training College and is filed for issuance of a writ in the nature of mandamus praying for order to the effect that the system of counseling of students of B.Ed. Course adopted by the respondent no.1 is bad in law and other consequential reliefs. The question involved in the matter is whether the respondent authorities are entitled to conduct the procedure of counseling of students under the law. The petitioner no.1 is a recognized B.Ed. college and got the affiliation of B.Ed. Course from the academic session 2012-13 under the respondent university under certain terms and conditions inter alia that students will be admitted purely on merit basis and should be sent by the university centrally. The respondent no.5 being the Convener, Central Selection Committee for B.Ed. Admission, Vidyasagar University informed the college authority the dates scheduled for counseling for 2012-13 session. The petitioners have contended that the system of counseling of students of B.Ed. course is illegal, arbitrary, not maintainable and sustainable in law.
(3.) THE respondent university is contesting the said writ petition by filing an affidavit-in-opposition contending inter alia that the concerned college got a recognition from the National Council for Teacher Education (henceforth shall be called as 'NCTE') for the purpose of starting the B.Ed. college for one year on April 16, 2012 subject to fulfillment of various conditions including the condition that the institution shall comply with various other norms and standards prescribed by the NCTE Regulations as amended from time to time. The Executive Council of the respondent university constituted a sub-committee to supervise and control the entire B.Ed. admission to different colleges affiliated to the respondent university. The affiliations to the concerned college had been granted subject to the fulfillment of the norms and regulations by the respondent college including the self-financing colleges also. The petitioners have filed the application to frustrate the entire selection process of admission to different colleges affiliated to the respondent university. Several other litigations were held previously over the selfsame matter and the matter has been decided and so, the application should be dismissed.;


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