VNS COLLEGE OF PHYSICAL EDUCATION AND MANAGEMENT STUDIES AND ORS. Vs. STATE OF MADHYA PRADESH AND ORS.

Tags Education

Supreme Court of India (Division Bench (DB)- Two Judge)

Appeal (Civil), 13353 of 2015, Judgment Date: Nov 04, 2015

REPORTABLE

IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO. 13353 OF 2015
(arising out of SLP(C)No. 26311 of 2015)

VNS College of Physical Education and
Management Studies and others Appellant(s)

versus

State of Madhya Pradesh and others Respondent(s)

WITH

WRIT PETITION (C) NO. 674 OF 2015

Devi Ahilya Asaskiya Siksha
Mahavidyalayin Sanchalak Sangh Petitioner(s)

versus

State of Madhya Pradesh and others Respondent(s)

CIVIL APPEAL Nos.13355-13357 OF 2015
(arising out of SLP (C) Nos. 28803-28805 of 2015)

Preston College and others etc. Appellant(s)
Versus

State of Madhya Pradesh and others Respondent(s)

J U D G M E N T

|M.Y. Eqbal, J.:

Leave granted.
2. Heard Mr. Vikas Singh, learned senior counsel appearing for the
appellants/writ petitioner and Mr. Arjun Garg, learned counsel appearing
for the respondents.

3. In all these applications the appellants/petitioner, private
recognized institutions are aggrieved by the impugned orders passed by the
High Court of Madhya Pradesh refusing to pass an interim order directing
these institutions for conducting counseling and admission to the students
possessing minimum eligible marks. In other words, these
appellants/petitioner seek permission to conduct college level counseling
to fill up the left over vacant seats. The grievance of the
appellants/petitioner is that because of the alleged arbitrary decision of
Higher Education Department seats in these institutions have been left
vacant.

4. It appears that by the impugned decision taken by the Department of
Higher Education, admission to students have been restricted to only those
students who have appeared in the entrance examination conducted by Vyapam
and is not open for all students possessing the minimum eligibility marks
from the qualifying examination and also opposed the request for college
level counseling.

5. The contention of the appellants/petitioner are that the counseling
by the respondent Department is being conducted in complete derogation of
various mandatory provisions of Admission Rules 2008 framed by the State
Government itself under the provisions of Madhya Pradesh Niji Vyavsayik
Shikshan Santhan Adhiniyam 2007 where under it is provided that if after
two rounds of counseling, the seats are left vacant in the private unaided
colleges then the admission process would be open for all the students
having minimum eligibility criteria and having minimum marks in the
qualifying examination. It is pleaded that it further provides that
“College level counseling” shall also be permitted to be carried out by the
concerned college itself for filling its vacant seats.

6. It has further been contended by the appellants that despite almost
more than 50% seats are lying vacant in their institutions, the respondent
authorities have till date restricted the admissions to only those students
who have appeared in the entrance examination conducted by Vyapam and not
opened for all students possessing the minimum eligibility marks from the
qualifying examination and have also proposed no program for college level
counseling. Although respondent authorities have conducted almost three
round of counseling, the seats are lying vacant in their institutions. Our
attention was drawn to the decision dated 26.9.2014 of this Court passed in
Civil Appeal No.5914 of 2011 and connected writ petitions and pleaded that
this Court had directed the State Government of Uttar Pradesh to conduct
the Counseling and allot students to the vacant seats.

7. The contention of the respondent-State of Madhya Pradesh is that the
State Government has issued circular for counseling for admission in B.Ed.,
M.Ed. etc. courses in private institutions. The entrance examination for
such examination is conducted by the Professional Examination Board. For
the academic session 2015-16, 63406 students participated in the
examination conducted by Vyapam. It has been further submitted that under
the Guidelines for admission framed by the State, an online registration is
compulsory for all students who desired to participate in the counseling
which was to be conducted after the entrance test. The Registration for
first round counseling was held from 18.5.2015 to 28.5.2015 and three
rounds of counseling were completed between 9.6.2015 to 29.6.2015.
Thereafter, additional round of counseling was also conducted in July,
2015, for which all students were allowed/permitted to get the online
registration subject to the only condition that they have participated in
the entrance examination. According to the respondents, against total
seats of 53,865 in the State of Madhya Pradesh for B.Ed. course, 63,406
students were allowed online registration. Despite four rounds of
counseling, seats in the appellant colleges are remaining vacant, which
means that the students are not interested in getting admission in these
colleges. It has been further submitted that the entire pool of students
who had participated in the Vyapam examination has been exhausted, and as
such, no further counseling can be permitted now.

8. In the background of all these facts, we do not find any reason to
grant any interim relief to the appellants/petitioner to conduct a college
level counseling and admit the students who have not even appeared in the
entrance test. These applications are, therefore, dismissed.

…………………………….J.
(M.Y. Eqbal)

…………………………….J.
(C. Nagappan)
New Delhi
November 06, 2015

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