JUDGEMENT
A.K. Goel, J. -
(1.) This petition will dispose of C.W.P. Nos. 9270, 9348, 9626, 9899, 9951 & 10253 of 2007 as common question of law of right to affiliation after grant of recognition and right to admit students in absence of any regulation or policy of the State, are involved.
Facts:
(2.) In C.W.P. No.9270 of 2007, case set out by the petitioner is that the college was granted recognition for the Diploma in Education (D.Ed.), two years' course with annual intake of 50 seats from the academic year 1998 -99 vide order dated 25.2.1999, Annexure P -1, of the National Council for Teacher Education ("NCTE") under Sec. 14(3)(a) of National Council for Teacher Education Act, 1993 ("NCTE Act"). The NCTE allowed conditional recognition for additional intake of 50 students for the D.Ed. course vide letter dated 27.8.2006, Annexure P -2 read with order dated 19.9.2006, Annexure P -5. The petitioner informed the Haryana State Council of Education Research and Training (for short, "the HSCERT"), respondent No. 2, about the additional intake vide letter dated 26.2.2007, Annexure P -6. Still, the respondent No. 3, Directorate of School Education in the prospectus for admission, issued in March 2007 for the academic session 2006 -08, mentioned the figure of 50 students against the petitioner -college. Counselling was held in May 2007. The petitioner -college was entitled to admit 50 additional students for the academic session 2007 -09 and no admissions having been done for additional intake seats, had no objection to give admission to those who were in the waiting list, for admission after having passed the entrance test conducted by the State of Haryana in pursuance of prospectus issued in March, 2007, Annexure P -7. Prayer was made that the prospectus be directed to be corrected and 50 additional seats available for the petitioner -college be filled up.
(3.) In the reply filed, stand taken by the Board of School Education, Haryana is that it is acting on the instructions of Director, Elementary Education, Haryana, Chandigarh. No reply has been filed by the HSCERT or by the NCTE. However, as reflected in the order of this Court dated 14.6.2007, statement was made on behalf of respondents No. 1 and 2 (State of Haryana and the HSCERT) that counselling for admission to D.Ed. course had already been accomplished between 15.5.2007 to 26.5.2007 and the Government had decided not to arrange any further counselling for the course. In the reply filed by the State of Haryana, it has been stated that as per the prospectus, intake of the petitioner -institute was shown to be 50 seats and admission against the said 50 seats were made and the State decided not to arrange any further counselling since admissions for additional intake of 50 seats beyond the date of counselling could not be made during the session 2006 -08. Admissions against the additional seats will be made during the next session as and when it takes place.;
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