- (1.) In a country with a population of over one billion, the problems generally arise out of scarcity of resources and infrastructure. That is true even in regard to seats available in educational institutions where candidates seeking admission more often than not far exceed the number of vacancies available. The present batch of petitions however present a different scenario. The problem here is not of scarcity but one arising out of plenty. There are more seats in different colleges offering Bachelor of Education (B.Ed) courses in the States of Punjab and Haryana than the candidates seeking admission against the same. This situation has arisen entirely due to setting up of a large number of institutions in this region. It is common ground that in the State of Haryana alone there are 456 colleges offering B.Ed course to candidates as against 176 such institutions in the State of Punjab. The total number of seats available in these institutions is so large that even when the last candidate who appeared in the Common Entrance Test (CET) for admission is admitted to the course, thousands of seats have remained unfilled. What should happen to these seats is the real question that falls for determination in these petitions. While, according to the Association of Self Financing institutions established in Punjab and Haryana who are petitioners in C.W.P No. 16171 of 2008 and CWP No. 17284 of 2008, such seats ought to be filled up by admitting candidates who are otherwise eligible for such admissions, the respondents opposed any such admission not only on the ground that admission sought to be made only through the medium of Common Entrance Tests but also on the ground that any admission made at this belated stage, is likely to affect the academic standards and the calendar fixed by the University. Before we advert to the merits of the contentions urged on either side, we consider it proper to set out in brief the factual back-drop in which the controversy arises.
(2.) For admission to B.Ed institutions in the State of Haryana, the government authorized respondent No. 3 - Kurukshetra University, Kurukshetra to invite applications from eligible candidates for taking the Entrance test which would then become the basis of admission to those emerging successful. As many as 42704 candidates applied for admission in response to the said notification for admission against a total of 53000 seats available in 456 colleges in the State. A total number of 41103 candidates actually appeared in the CET examination held on 18.08.2008. The result of the examination was declared on 18.9.2008 and since no minimum qualifying marks were prescribed for being declared successful, all the candidates who had taken the examination were found eligible for admission. The number of those who filled in their option forms for counseling, was however not more than 30585. It is also common ground that around 25000 candidates only appeared for counseling and were admitted, thereby leaving as many as 28000 seats vacant and un-filled.
(3.) It was in the above back ground that the petitioner Association of Self Financing Colleges from the State of Haryana filed a representation before the Kurukshetra University, Kurukshetra for permission to fill up the vacant seats on the basis of merit of the candidates in the qualifying examination. The said representation was, however, rejected by the University in terms of a communication dated September 19, 208 on the ground that only such students as had appeared in the Entrance Test, could be admitted to the colleges and that no digression from that Rule was permissible.;