Zakir Hussain College Of Higher ... vs State Of U P And 4 Others
2018 Latest Caselaw 1299 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 33
 

 
Case :- WRIT - C No. - 22239 of 2018
 

 
Petitioner :- Zakir Hussain College Of Higher Education
 
Respondent :- State Of U P And 4 Others
 
Counsel for Petitioner :- Pratik Chandra,Pradeep Chandra
 
Counsel for Respondent :- C.S.C.,Avneesh Tripathi,Dhananjay Awasthi,Mohit Singh
 

 
Hon'ble Manoj Kumar Gupta,J.

Heard counsel for the petitioner, learned standing counsel for respondent no.1, Sri Avneesh Tripathi for respondent no.2, Sri Dilip Kumar Shukla holding brief of Sri Mohit Singh for respondents no.3 & 4 and Sri Dhananjay Awasthi for respondent no.5.

With their consent, this writ petition is being disposed of finally without inviting a formal counter affidavit, as the parties agree that the dispute raised in the instant writ petition stands concluded by an earlier judgement of this Court dated 6.11.2017 in Writ-C No.28179 of 2017 Janhit Degree College Vs. State of U.P. and 5 others.

In the said writ petition, which has been decided alongwith large number of other connected matters, the challenge was to the bifurcation of the seats in various institutions imparting education in B.Ed. programme into Art and Science stream for purposes of making recommendation for admission. It was held by this Court that the counselling University cannot insist upon the institutions to admit students in Art and Science stream in the ratio of 70:30.

The grievance urged in the instant petition is that the Lucknow University, which is counselling University for making recommendation for admission of students to B.Ed. course in the petitioner institution is in the process of making recommendation of students by bifurcating the seats into Science and Art stream in the ratio 70:30, which according to the petitioner, has already been held to be illegal and arbitrary in the judgement of this Court dated 6.11.2017 in Janhit Degree College (supra).

Sri Avneesh Tripathi, learned counsel appearing on behalf of respondent no.2 very fairly points out that the law laid down in the said judgement was followed by this Court in its judgement dated 19.6.2018 while deciding Writ-C No.21227 of 2018 and Writ-C No.21228 of 2018. He submitted that the respondent University will also follow the law laid down by this Court in Janhit Degree College (supra) during current academic year.

Counsel for the counselling University does not dispute these facts.

Having regard to the above position and the stand taken by learned counsel appearing on behalf of parties, the instant writ petition is disposed of by providing that the respondent University while making allotment of students to the petitioner institution shall follow the law laid down by this Court in Janhit Degree College (supra) and shall not make recommendation of students by bifurcating the seats into Art and Science streams.

The writ petition stands disposed of accordingly.

(Manoj Kumar Gupta, J)

Order Date :- 28.6.2018

SL