Sita Ram Arya Memorial College Of … vs State Of Haryana And Another on 7 October, 2009

CWP No.15456 of 2009                              :1 :


     In the High Court of Punjab and Haryana at Chandigarh.


                               Date of decision: 07.10.2009.


Sita Ram Arya Memorial College of Education village Bherian,

Post Office, Muklan, District Hisar, through its Secretary Ajay Shiva.

                                                 ... Petitioner.


Versus


State of Haryana and another                     ... Respondents

Present: Mr.Manjeet Singh, Advocate, for the petitioner.

PERMOD KOHLI, J. (Oral):

The petitioner-College has been established to impart B.Ed.

Education in the State of Haryana. The petitioner-College has applied

for grant of recognition by the NCTE. It appears that the NCTE earlier

did not decide the application of the petitioner. The petitioner

approached the Rajasthan High Court. However, during the pendency

of the writ petition, the NCTE decided to grant recognition and on that

basis the writ petition filed by the petitioner came to be disposed of

vide order dated 16.09.2009. Thereafter, the petitioner filed the

Contempt Petition. The NCTE, however, granted letter of recognition

to the petitioner on 06.10.2009 (Annexure P-3). The petitioner also

applied for affiliation with the Kurukshetra University, Kurukshetra.
CWP No.15456 of 2009 :2 :

The University also granted affiliation to the petitioner-College. The

recognition/affiliation has been granted for intake capacity of 100 seats

for the session 2009-2010.

In the State of Haryana, admissions to the B.Ed. Courses

are made through the Common Entrance Test which was conducted by

the competent authority constituted by the State of Haryana on

17.09.2009. At the relevant time, the petitioner-College had no

recognition/affiliation and, thus, could not be included in the list of

institutions brought under the Common Entrance Test. Now the

petitioner has been granted recognition/affiliation. On the basis of the

Common Entrance Test, admissions were made to the existing colleges

in the State of Haryana, who were notified for Common Entrance

Test. After the first and second counselling, the number of seats

remained vacant and an Association of the Affiliated Colleges (Self

Financing) of Haryana, approached this Court through CWP

Nos.11272 and 11287 of 2009, seeking a direction for filling up of the

available seats. This Court passed various interlocutory orders

including order dated 17.09.2009 for holding fresh counselling and

making admissions to the available seats in those colleges.

Undisputedly, the petitioner-College could not get benefit

of the aforesaid order as it had no recognition/affiliation as on the date

of the passing of the aforesaid order dated 17.09.2009. The

recognition/affiliation was granted to the petitioner-College only on

06.10.2009 (Annexure P-7). The petitioner is seeking a direction for
CWP No.15456 of 2009 :3 :

participation in the counselling through the medium of the present writ

petition.

After hearing the learned counsel for the petitioner, the

relief claimed by the petitioner is declined for the simple reason that the

petitioner-College was not notified for the Common Entrance Test as it

had no recognition/affiliation at the relevant time, even when the

directions were passed by this Court on 17.09.2009 it had no

recognition/affiliation. The petitioner can await for admissions for the

next session.

In this view of the matter, present petition is disposed of.

07.10.2009.                                (PERMOD KOHLI)
BLS                                            JUDGE


Note: Whether to be referred to the Reporter?     NO