SHREE CHANDRASHEKHAR, J. - (1.) THE petitioner no. 1 is an association of self financed/unaided B.Ed colleges in the State of Jharkhand and the petitioner no. 2 is a B.Ed college recognised by the National Council for Teacher Education have approached this Court seeking quashing of Clause 10 contained in Resolution dated 20.05.2004 whereby subjectwise quota of seat for admission in B.Ed colleges has been fixed.
(2.) BRIEFLY stated, the respondent nos. 1 and 2 issued Resolution dated 20.05.2004 which prescribed the procedure for admission in the B.Ed colleges. Under Clause 10 of the said Resolution, the total number of seats for which recognition has been granted by the National Council for Teacher Education has been fixed subjectwise that is, for Hindi, English, History, Geography, Physics, Chemistry, Biology, Mathematics etc. Such distribution of seats caused serious problems for the B.Ed colleges where admission in various subjects could not be taken and seats could not be filled up because candidates are not interested in taking admission in many subjects. In Resolution dated 20.05.2004, there is no provision for taking admission on unfilled seats and therefore, those seats have remained vacant. This has caused serious financial implication for the B.Ed colleges in the State of Jharkhand. It is stated that the National Council for Teacher Education has not fixed subjectwise quota for admission in the B.Ed colleges. All the colleges under the petitioner no. 1 are self financed, unaided colleges and they have to bear their expenses from their own resources, that is, from the fee deposited by the students.
(3.) AFFIDAVITS have been filed on behalf of the respondentState of Jharkhand questioning the authority of petitioner no. 1 to file the present writ petition and taking the plea of nonjoinder of necessary parties. It is stated that the Resolution dated 20.05.2004 fixing subjectwise quota of seats has been issued in view of requirement of subjectwise teachers in the State and for maintaining a balance according to the requirement of subject teachers in the State. The subjectwise quota for admission has been made for all the subjects and thus, it has a reasonable nexus with the object to be achieved. An objection has been raised to the details of unfilled seats in some of the colleges which pertain to academic session 201213. It is stated that in Government Colleges and University Colleges large number of applications are received and all the seats are filled up. In so far as, other States are concerned, the ground conditions, requirement of teachers in those subjects etc. may be the factors for prescribing the quota of seats in the ratio 50:50 but situation prevailing in other States cannot be equated with the situation in the State of Jharkhand. It is further stated that the private B.Ed colleges committed grave irregularity in taking admission in breach of the mandatory condition contained under Clause 10 of Resolution dated 20.05.2004 and they have admitted more candidates in a particular subject without taking permission from the University and the State Government. Supplementary affidavits have been filed on behalf of the petitioners bringing on record the guidelines for admission in B.Ed courses issued by the Government of Karnataka, the University of Patna, University of Kolkata, Sikkim University, Tamilnadu Teachers Education University and Deen Dayal Upadhyaya Gorakhpur University to demonstrate that in other State/University either there is no subjectwise quota fixed for admission in B.Ed courses or seats have been allocated for Science and Art streams in the ratio of 50:50 and there is a provision for taking admission on unfilled seats.;