Alok Sharma, J. - (1.) Heard on the stay application.
(2.) The issue is with regard to an additional (third) counselling for admission into the petitioner -College's two year BSTC course for the academic session 2015 -17. The petitioner -College admittedly is recognized by National Council for Teacher Education (hereinafter "NCTE") for intake of 100 students in the BSTC two year course. It has also been similarly granted an NOC by the State Government.
(3.) It appears that in respect of admission into the BSTC two year course 2015 -17, the petitioner -College was in the first instance on the basis of preference given out by the successful students in BSTC examination allotted 72 students. However 47 of such students thereafter joined other colleges on vacancies being available as per their higher preference through upward movement permitted under the counselling. Thereafter in the second counselling held on or about 10.07.2015, 58 students chose the petitioner -College. Two of the 58 again under the upward movement permitted on the basis of higher preference, took a transfer. In the circumstances, the petitioner -College had 18 vacant seats in the BSTC 2015 -17 course at the end of the second counselling ending 10.07.2015. Matters rested there. No steps were taken by the petitioner -College to secure students for the remainder vacant 18 seats in its BSTC course 2015 -17.;