- (1.) This petition seeks quashing of notifications dated 13.4.2006 and 7.5.2007, Annexures P.4 and P.8 respectively, on the question of filling up of B.Ed seats by way of Centralised Counselling to be conducted by the University, authorised by the State of Punjab.
(2.) Case of the petitioner is that it has been set up by the Army Welfare Education Society (AWES) registered under the Societies Registration Act, 1860. It is running B.Ed colleges in accordance with the provisions of National Council for Teachers Education Act, 1993 (NCTE Act). Recognition has been duly granted by the National Council for Teachers Education (NCTE) vide letter dated 1.7.2005, Annexure P.1. Affiliation has also been granted by the University, respondent No. 3 vide letter dated 19.7.2005, Annexure P.2. The State of Punjab has given NOC vide letter dated 20.12.2004, Annexure P.3. Till the session 2006 -07, the petitioner -Institute was following its own procedure for admission as per rules of the AWES. All the three B.Ed Colleges set up by the AWES are meant exclusively for wards/dependants of Army Personnel serving or retired including widows and all the seats are reserved for the said category. In the year 2006, the State of Punjab issued impugned notification dated 13.4.2006 reserving 15% of the seats for the residents of Punjab through Centralised Counselling to be conducted by the University, authorised by the Punjab Government. The said notification was modified vide notification dated 24.5.2006 requiring the petitioner -Institute to give undertaking to abide by the terms and conditions laid down by the Punjab Government for giving NOC. The petitioner represented but the State Government issued impugned notification dated 7.5.2007.
(3.) Case of the petitioner further is that B.Ed College run by the petitioner is exclusively for wards/dependants of Army personnel and Punjab residents could not be admitted through Centralised Counselling by the State of Punjab. The impugned notifications are violative of fundamental right of the petitioner under Article 19(1)(g) of the Constitution. On 31.7.2007, following order was passed: Learned Counsel for the State, on being asked, seeks time to study the legal position whether it is permissible for any institution to confine admissions to wards of any particular category in the light of law laid down by the Hon'ble Supreme Court in P.A. Inamdar and Ors. v/s. : AIR2005SC3226 , laying down that all admissions to higher educational institutions have to be confined to merit, open to all eligible candidates, subject to constitutionally permissible reservations. Adjourned to 6.8.2007.;