HC bars private B.Ed colleges to grant admissions against university statutes

Srinagar, May 27: The Jammu Kashmir High Court Thursday barred private B.Ed colleges affiliated with Kashmir University (KU) from making admissions in B.Ed courses on its own in breach of the university statues.

A court of Justice Ali Mohammad Magrey while dismissing a batch of 15 petitions held that in terms of the statutes in vogue in the university, a B.Ed college affiliated with the KU is prohibited from making admission to the said course on its own. 

The petitioners, who are from various outside states , had taken admission to two-year B.Ed course in different colleges of the Valley on their own, after paying huge amounts, without following the due procedure.

The petitioners did not respond to the admission notice issued by the KU in time but after expiry of the stipulated time period. The petitioners claim to have secured admission directly in the colleges concerned which as per the respondent University is contrary to the admission policy followed by it.

Apart from that, no Registration Returns (RRs) have been forwarded to the respondent-University within the fixed timeframe by the concerned colleges regarding the admission of the petitioners. 

The court after perusing the records and hearing the counsels remarked that in such circumstances, the action of the respondent-university in denying the confirmation of the admission of the petitioners cannot be said to be illegal or contrary to the procedure governing the field. 

It ruled that any admission made in violation of the university statutes would not be binding on the varsity and it would be under no obligation to confirm such admission.

“Once the petitioners did not follow this procedure for seeking admission to the B.Ed course and purportedly sought admission from the colleges on their own, the respondent university is under no obligation to regularize/confirm such admission,” the court held.

The court underscored that the educational institutions, after admitting the students in willful disregard of the university statute, more often, make an effort to get the irregularities condoned in the name of academic interest of the students admitted in violation of the prescribed statutes. 

“The erring educational institutions try to give the controversy the colour and complexion of an emotional issue and argue that the students, though enrolled in violation of university statutes, should not be exposed to any penalty for the wrong committed by the institution,” Justice Magrey pointed out in the judgment.

Magrey underscored that courts often fall prey to such persuasion made by the educational institutions and permit something that is not permissible under the statutes. “Such practices have been deprecated by the Supreme Court in a catena of judgments.”

The court while dismissing the petitions recorded that any direction to the respondent university to regularize the admission of the petitioners in violation of the set statutes would be impermissible and not in tune with the principles that must guide exercise of Writ jurisdiction.

“That being so, I do not find any merit in these petitions which shall, accordingly, stand dismissed along with all connected CMs,” Magrey said.

However, the court said that it would not preclude the petitioners to approach the court of competent jurisdiction for seeking damages against the colleges concerned in accordance with the law. 

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