1. Leave granted. Heard.
2. These appellants challenge the judgment dated 23-3-2010 passed by the Allahabad High Court, which quashed the Government Order dated 15-10-2009 issued by the State Government declaring the Session 2009-2010 for BEd courses as “zero year”, but declined to grant relief to the students admitted to BEd courses for the year 2009-2010.
3. In regard to admissions for 2011-2012, the following time schedule was agreed, as recorded in the interim order dated 11-3-2011 (Collage of Professional Education v. State of U.P., SLP (C) No.13040 of 2010, order dated 11-3-2011 (SC), wherein it was directed:):
It is stated that any seat that remains unfilled on 14-8-2011 on account of the State Government not sending students, can be filled subsequently by the management. In regard to any seat for which the student has been sent, if such student is not admitted, the college concerned shall seek replacement from the State Government within one week of intimation for replacement. For the academic years 2012 onwards, the parties agree that they will hold further discussions and the State will then submit a fresh schedule for those years. The learned counsel for the applicants/students (in regard to Session 2009-2010) submit that they will give a representation to the State Government for verifying whether they have undergone the course and whether some relief can be granted to them. Adjourned by four weeks.”)“The learned counsel for the State of U.P. submits that for the current academic year the following schedule will be adopted:
1.Publication of advertisement10-3-2011
2.Saleof application forms and their submissionFrom 21-3-2011 to 10-4-2011
3.Date of entrance examination2-6-2011
4.Declaration of result5-7-2011
5.First counsellingFrom 14-7-2011 to 27-7-2011
6.Admissions (after first counselling)Up to 31-7-2011
7.Second counsellingFrom 3-8-2011 to 7-8-2011
8.Admissions (extended second counselling)Up to 14-8-2011
9.Last date for admission31-8-2011"
4. In regard to admissions for academic session 2012-2013 and subsequent academic years, the institutions and the State Government have arrived at a broad consensus regarding the procedure, the terms of which have been set out in the affidavit filed by Dr R.K. Gupta, Associate Professor, Department of Higher Education, Government P.G. College, Noida on behalf of the State of U.P. The terms agreed are as under:"1.Publication of advertisement10-3-2011
2.Saleof application forms and their submissionFrom 21-3-2011 to 10-4-2011
3.Date of entrance examination2-6-2011
4.Declaration of result5-7-2011
5.First counsellingFrom 14-7-2011 to 27-7-2011
6.Admissions (after first counselling)(Up to 31-7-2011)
7.Second counselling, if requiredFrom 3-8-2011 to 7-8-2011
8.Admissions (after second counselling)(Up to 10-8-2011)
9.Commencement of academic sessionFrom 1-8-2011"
(i) To ensure that all seats in the colleges are filled through counseling pursuant to entrance examination, the colleges are required to update their websites daily and display the number of students admitted as well as the number of seats vacant. For this purpose, each college shall have an official website giving the details of total sanctioned seats, bank account, etc. During the course of counselling, they will update their official website on day-to-day basis regarding vacant seats after admissions. The colleges shall also communicate the said particulars on daily basis to the Registrar of university (examination conducting body) concerned through e-mail/telephone/fax.
(ii) Every college will display its bank account number and its name on its website and also provide to the university (the examination conducting body) concerned. Any student, who is allotted to a particular college through counselling after the BEd joint entrance examination, will deposit his fees directly with the CBS Branch of the said bank account of the college to which he is allotted, within three days from the day of counselling. Subsequently, the said student will make available the copy of the proof of fee deposited to the college concerned and the university concerned. The college concerned will display the same on its website along with the details of the students. If any student faces any difficulty in depositing of the fee in the CBS contact the university, the college and if required then the District Magistrate concerned.
(iii) The schedule for admission for the academic session 2012-2013 and subsequent years, shall be as under:
1.Publication of advertisement1-2-2011
2.Saleof application forms and their submission10-2-2012 to 10-3-2012
3.Date of entrance examination20-04-2012 to 25-4-2012
4.Declaration of result25-5-2012 to 30-5-2012
5.Commencement and completion of counselling1-6-2012 to 25-6-2012
6.Last date of admissions after counselling28-6-2012
7.Commencement of academic session1-7-2012
(Note: For subsequent years, the same dates and months will apply.)
(iv) From 2012-2013, there will be only one counselling, which will continue for a period of 25 days. During the counselling, if it is found that candidate(s) allotted to any college do not turn up to take admission, the college shall inform the counselling authority and upon receipt of such information, another set of candidates will be sent to such colleges after counselling. The said counselling will be continuous to expedite the procedure of admission till closure of admission, without any second or third round of counselling.
(v) As per the schedule agreed for the year 2011-2012, as per the order dated 11-3-2011 (Collage of Professional Education v. State of U.P., SLP (C) No.13040 of 2010, order dated 11-3-2011 (SC)) of the Supreme Court, the admission process will be completed by 31-7-2011 after the first counselling. Subsequently, any vacant seats ascertained will be filled up through the second phase of counselling conducted from 3-8-2011 to 7-8-2011. Thus, the whole process of admission to all the seats of BEd course shall be completed by 14-8-2011.
(vi) After that date (14-8-2011) if any seat remains vacant in a private college then to fill up the same the following course may be followed to ensure filling up all the vacant seats through counselling only:
(a) A waiting list in the form of pool of about 5000 candidates will be prepared. The waiting list may be enlarged as per the requirement to fill up the vacant seats. The candidates registered with the pool will have to give an undertaking to the effect that they can be sent to any college having vacant seat for admission and they will have no objection. The candidates registered with the pool/waiting list will be arranged as per merit and will be allotted the colleges having vacant seats in their subjects according to their merit. This option will be exercised only after the end of counselling and be adopted only on the request of the colleges for filling up their remaining vacant seats within three days from the last date of admission.
In such circumstances, the university concerned will provide the students from waiting list accordingly to fill up the seats but the entire process will be completed within 10 days i.e. by 24-8-2011 for the Session 2011-2012 and 8th of July for the next consecutive years.
The wait-listed pool candidates, shall along with the undertaking, deposit the fees with the university concerned and in case the candidate fails/refuses to join the allotted college as per his undertaking then the fee deposited with the university will be remitted to the account of the college immediately, to which the student has been allotted by the university provided that the seats remained vacant during that academic session.
(b) After the counselling is over, the university concerned will continue to allot the candidates from the abovementioned waiting list against the vacant seats till all the seats in the colleges are filled up. It is further submitted that the organising university will provide students only to the existing BEd college and all those BEd colleges which will get affiliation up to 7-7-2011 will not be considered for counselling to the year 2011-2012 and for the next consecutive years and onward the colleges which will get affiliated on or before 10th of May of that year, would be considered for counselling.
(c) The organising university will start online help service through which the complaints of the candidates will be redressed. All the colleges concerned will also provide their helpline separately and after receipt of the complaints the organising university will forward the same to the college concerned for redressal, failing which the organising university will seek the explanation from the college concerned and if any default or omission is found on the part of the college, then the same would be forwarded to the Government for necessary actions against such college.
(d) The State shall take all endeavour to ensure admissions only through counselling after holding State-level entrance examination against all the seats sanctioned in self-financing institutions running BEd course.
(e) That in case any unforeseen difficulty arises regarding filling up vacant seats in the colleges concerned despite strictly following the procedure agreed, even after 24-8-2011, the colleges will be entitled to approach, for filling up their vacant seats, the Principal Secretary/Secretary of the Department of Higher Education, Government of U.P. who will arrange to provide selected candidates from the wait-list pool within 3 days from receipt of application to fill up those vacant seats.
(f) The same procedure will mutatis mutandis apply for the academic year 2012-2013 and thereafter.
(vii) The State Government will adopt similar procedure in regard to filling of any vacant seats for the admission for the academic year 2012-2013 and subsequent years.
The State Government will endeavour to formulate the above in the form of appropriate admission procedure rules. Until the State Government makes such rules, the above procedure will be applied.
5. Recording the above consensus, these appeals are disposed of, without disturbing the judgment of the High Court, except to the extent if any, modified by the above terms. The parties are at liberty to approach this Court for clarifications, if found necessary. The costs awarded by the High Court in its impugned order against the respondents is deleted.
IA No.23 in SLP (C) No.13040 of 2010 and other applications
6. The students who were allegedly admitted to the BEd course in the year 2009-2010 have filed these applications for impleading/intervention. They submit that the observation in the order dated 27-8-2010 (Collage of Professional Education v. State of U.P., SLP (C) No.13040 of 2010, order dated 27-8-2010 (SC), wherein it was directed:
“As far as academic session 2009-2010, the matter has become infructuous. As far as 2010-2011, though it is not directly the subject-matter of these proceedings, we record the submission of the learned Senior Counsel for the State of U.P. that common entrance examination has already been held for academic session 2010-2011 and the process of admission will commence shortly. We adjourn the matter to enable the State to complete the admission process. If the State feels to do so, the petitioner can always seek appropriate direction for filing the seats from the State List. Adjourned by three weeks.”) that “as far as the academic session 2009-2010, the matter has become infructuous” is likely to be misinterpreted to their prejudice."
7. On the request of students who allege that they were admitted during 2009-2010, on 11-3-2011 ((Collage of Professional Education v. State of U.P., SLP (C) No.13040 of 2010, order dated 11-3-2011 (SC)), this Court had recorded their submission that they will give representations to the State Government for verifying whether they were admitted for the Session 2009-2010 and whether they have undergone the course and to consider whether some equitable relief could be extended to them. The students/applicants submit that though they gave such representations, the State Government has not given any relief to them. Some of the representations have been rejected and remaining are stated to be still pending. They submit that dismissal of the SLPs on the basis of broad consensus between the appellant Colleges and the respondents leave them without any relief, as their grievance is not addressed.
8. If the applicants in the said impleading applications have any grievance in regard to the impugned order of the High Court or about the non-consideration/rejection of their representations, such applicants will have to seek remedy independently, in accordance with law. The question of adjudicating their claims and contentions in these appeals does not arise. All pending applications are disposed of accordingly.
