Punjab-Haryana High Court
Association Of Self Financed Colleges ... vs State Of Punjab And Anr on 14 August, 2024
Author: Anil Kshetarpal
Bench: Anil Kshetarpal
Neutral Citation No:=2024:PHHC:105265-DB
CWP-4401-2023 (O&M) & -1-
CWP-4720-2023 (O&M)
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
1. CWP-4401-2023 (O&M)
Reserved on: 06.08.2024
Date of decision: 14.08.2024
ASSOCIATION OF SELF FINANCED COLLEGES OF
EDUCATION, PUNJAB ..Petitioner
Versus
STATE OF PUNJAB AND OTHERS ..Respondents
2. CWP-4720-2023 (O&M)
SHIV SHAKTI COLLEGE OF EDUCATION ..Petitioner
Versus
STATE OF PUNJAB AND OTHERS ..Respondents
CORAM: HON'BLE MR. JUSTICE SHEEL NAGU, CHIEF JUSTICE
HON'BLE MR. JUSTICE ANIL KSHETARPAL
Present: Mr. Sameer Sachdeva, Advocate for the petitioner.
Mr. Salil Sabhlok, Senior Deputy Advocate General, Punjab.
****
ANIL KSHETARPAL, J.
1. Factual matrix:-
1.1 With the consent of learned counsel for the parties, two
connected writ petitions, CWP-4401-2023 (Association of Self Financed
Colleges of Education, Punjab Vs. State of Punjab and others) and
CWP-4720-2023 (Shiv Shakti College of Education Vs. State of Punjab and
others) involving identical issue shall stand disposed of by common order.
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CWP-4401-2023 (O&M) & -2-
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1.2 CWP-4401-2023, filed by the Association is treated as the lead
case for the purpose of noticing facts.
1.3 A writ in the nature of certiorari to quash notice dated
13.02.2023 (Annexure P-14) and all related proceedings in the above regard
with further direction to allow concerned students of Elementary Teacher
Training (ETT), 2021-2023 session for training practice without any
embargo, has been prayed for.
1.4 In order to comprehend the issues involved in these two civil
writ petitions, relevant facts, in brief, are required to be noticed.
1.5 On 23.12.2012, Government of Punjab notified policy for
setting up institutes providing Diploma in Elementary Education (in short
'D.El.Ed. or ETT), which was published in its Gazette on 23.04.2012.
Clause II of the notified policy reads as under:-
"II. To ensure a steady flow of skilled teachers in
different subjects of school education:
• Admission shall be made on merit as per the
policy of the State Government.
• The seats in the private D.El.Ed. (ETT) Institutes
duly recognized by NCTE and affiliated with
SCERT Punjab, Chandigarh shall be divided in
the ratio 60:40. Whereas 40% seats shall be in the
management quota for which the institutes shall be
free to admit students through an appropriate
transparent and fair examination system duly
approved by the SCERT Punjab in advance.
• For the rest of 60% seats, the admission shall be
made through Common Entrance Test to be
conducted every year by SCERT Punjab,
Chandigarh or any other selection process as per
the policy of the State Government. The
reservation policy as notified by the department of
welfare shall be applicable on these seats.
• If above mentioned 60% of seats are not being
filled up by SCERT Punjab through Common
Entrance Test or otherwise, private D.El.Ed.
(ETT) Institutes will be allowed to fill up vacant
seats through their own above mentioned system.
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• No private D.El.Ed. (ETT) Institutes shall refuse to
admit students as a part of any special scheme or
measure initiated by the Government of Punjab for
admitting any special category candidates in
D.El.Ed. (ETT) courses.
• Date of common entrance test will be announced
by the SCERT/Punjab Government before 15th of
July every year.
• After getting recognition from NCTE, private
D.El.Ed. (ETT) Institutes will have to apply for the
affiliation one month prior to the last date of
application for Common Entrance Test.
• The Director SCERT, Punjab shall have the power
to formulate and implement methodology, fee
structure and procedure for Common Entrance
Test for admission into D.El Ed. (ETT) Institutes in
Punjab.
To raise the quality and quantity of teacher
education as per the National Curriculum Fram Work in
order to implement RTE Act in the State of Punjab."
1.6 For the purpose of admission to Diploma in Elementary
Education in Session 2021-2023, notification dated 19.07.2021, was issued
by Government of Punjab. The relevant parts of the notification read as
under:-
"Admission to Diploma in Elementary Education
(D.El.Ed.) Course in Government and Private affiliated
institutions as per National Council for Teachers
Education (Recognition Norms and Procedure)
Regulations 2014 through combined merit based
centralized admission process to be undertaken by
director, State Council of Education Research and
Training (SCERT), director Public Instructions
Secondary and Elementary Education Punjab, vidya
Bhawan, School Education Board, Block E, 6th Floor,
Mohali-160062.
ACADEMIC SESSION: The Academic Session 2021-23
will commence from 01st September, 2021.
WORKING DAYS
a. There shall be at least two hundred working days each
year exclusive of the period of examination and
admission.
b. The institutions shall work for a minimum of 36 hours
in a week, during which physical presence in the
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institution of all the teachers and student teachers is
necessary to ensure the availability for advice, guidance,
dialogue and consultation as and when required.
c. The minimum attendance of student teachers shall be
80% for the course work including practicum and 99%,
for school internship.
FILLING OF D.EL.ED SEATS IN PRIVATE
INSTITUTIONS:- As per the policy, 60% of seats in
private institutions will be filled on the basis of combined
merit through centralized online conseling by the SCERT
and remaining 40% seats of management quota will be
filled by the concerned institutions subject to fulfillment
minimum qualification mentioned in this notification. The
concerned institution will take the permission from
SCERT before starting the admission process for the 40%
management seats.
NO MID-TERM FILLING OF SEATS:- There shall be
no mid term filling up of vacancies caused due to any
reason whatsoever."
1.7 Vide order dated 11.02.2022, 40% of the total seats were
allowed to be filled by the management under Management Quota. It appears
that the State Government failed to fill 60% of the total intake capacity on
the basis of combined merit through centralized online counselling by State
Council of Education, Research and Training (SCERT). Representation
submitted by the Management for permitting them to grant approval for
filling up the unfilled 60% seats for the Session 2021-2023 was rejected on
27.05.2022 by the Director. Three writ petitions challenging communication
dated 27.05.2022 were allowed on 22.08.2022 by the High Court and the
operative part of the aforesaid judgment reads as under:-
"The writ petition is accordingly, allowed. The State is
directed to transfer the un-filled 60% quota seats to the
management quota to enable the private institutions to fill
them up at their own level strictly in accordance with
merit. Record of admission shall be maintained so that it
is available for scrutiny at a later date in case question is
raised regarding fairness of the process."
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1.8 The Government accepted the aforesaid judgment and vide
communication dated 10.10.2022, the management was permitted to take
steps for filling the 60% seats till 21.10.2022. However, in the aforesaid
letter, the following note was given:-
"Note: During this session there is no permission to fill
forty percent seats of the management quota."
1.9 In violation of the directions issued by the Director, State Search
Education and Training Council (SSETC), the colleges admitted not only
60% but also admitted 32 students from management quota. In these two
writ petitions, the prayer is to regularize admission of those 32 students.
2. Arguments put forth by the learned counsel for the parties:-
2.1 While relying upon the High Court's order passed on
22.08.2022, the petitioners submit that the 100% seats were permitted to be
filled up by the management and hence 32 students who have already been
admitted and have studied for a period of one year should be regularized
failing which these seats would be left unused. He further submits that
despite the interim order passed by the Division Bench, the students have not
been able to participate for teaching practice.
2.2 Per contra, learned counsel for the respondent while drawing the
attention of the Court to various communications, submitted that the course
for the Session 2021-2023, commenced on 10.03.2022, whereas, the last date
for sending complete data of admitted students in the college was
13.03.2022. He submits that with respect to admission of 32 students, the
petitioner's clarification application was withdrawn and Civil Original
Contempt Petition No.1309 of 2023 (titled as Modern College of Education
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CWP-4720-2023 (O&M)
Vs. Jaspreet Talwar IAS and another), complaining non-compliance of order
dated 22.08.2022, has been dismissed.
3. Analysis and conclusion:-
3.1 This Court has considered the submissions of learned counsel
for the parties and analyzed, evaluated and appreciated the arguments of
learned counsel for the parties.
3.2 It may be noted here that Diploma in Elementary Education is a
two year course and the dispute is with regard to academic Session 2021-
2023. As per notification, the academic session was to commence from
01.09.2021. The students were required to attend classes for a period of 200
working days each year, exclusive of the period of examination and
admission. Minimum attendance of students is required to be 80% for course
including practicum. In the notification it is provided that no mid-term filling
up of vacancies caused due to any reason whatsoever shall be permitted. No
doubt, petitioners were permitted by the High Court to admit students in the
seats falling under category of 60% i.e. State Quota. However, this Court did
not permit the petitioners to fill vacancies under the Management Quota.
Argument of the petitioners counsel that they were permitted to fill up 100%
seats at their own level is not acceptable particularly when the High Court
only permitted them to fill the vacancies falling in 60% quota. While issuing
notification on 19.07.2021, it was notified that no mid-term filling up of
seats shall be permitted due to any reason whatsoever. While permitting the
petitioners to admit students pursuant to the order of the Court, it was clearly
indicated that no admission shall be made in 40% seats of the Management
Quota. The petitioners violated the essential condition. They never called in
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question the correctness of the aforesaid note in the communication dated
21.10.2022. Additionally, the students have not come to the Court. The
petitioners cannot be permitted to capitalize on their own defaults. Now, a
period of nearly three years has elapsed from the date the session was to
commence on 01.09.2023. Even if it is assumed that with regard to vacancies
falling in 60% seats, the session started on 21.10.2022, still nearly two years
have elapsed. The alleged students have not been permitted to sit in first year
examination.
3.3 There is another dimension of these two cases. In October,
2022, the petitioners alleged to have admitted the students, however, they
never filed any case complaining that they have not been permitted to write
examination in the year 2023. The managements of the institutes have come
through these two writ petitions.
3.4 The submission of the petitioners that the seat would go waste is
not sustainable because once there was categoric prohibition that no mid-
term filling up of vacancies shall take place, it was not appropriate for the
managements to admit the students. The students comprising of 60% State
Quota have been admitted pursuant to the order of the Court, however, there
is no corresponding order with respect to vacant seats in the Management
Quota.
3.5 The last submission of learned counsel appearing on behalf of
the petitioner also holds no firm ground particularly when the Division
Bench on 08.12.2023 only directed the respondents to consider issuing roll
numbers to Management Quota students. In fact, there was no positive
direction to issue roll numbers to 32 students. On 10.01.2024, the students
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who had attended classes for 200 days were allowed to provisionally write
the final examination, subject to decision of the writ petition. Admittedly,
these students have not been permitted to write their examination for first
year.
3.6 Additionally, the learned counsel appearing on behalf of
respondents submit that there is no authentic record to prove that these
students have attended the classes for 200 days. Learned counsel appearing
on behalf of the State is not in a position to verify this fact. Hence, the
disputed questions of fact are also involved.
4. Decision:-
4.1 Consequently, finding no merit, both the writ petitions are
dismissed.
4.2 All the pending miscellaneous applications, if any, are also
disposed of.
(ANIL KSHETARPAL) (SHEEL NAGU)
JUDGE CHIEF JUSTICE
August 14th, 2024
Ay
Whether speaking/reasoned Yes/No
Whether reportable Yes/No
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