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HC upholds decision of JU
Petition seeking direction to University for allotment of BEd seats
5/7/2015 11:50:01 PM
Early Times Report

Jammu, May 7: In a petition filed by Cosmic College of Education seeking quashment of decision of Board of Inspection on 30.05.2014 to the extent it declines the allotment of 153 seats for the year 2014-15 and also seeking direction to quash the decision taken by the respondents to the extent it declines to determine and allot 251 seats for the Session 2014-15 to the petitioner College as reflected in the list of Colleges Participating in Centralized B.Ed Counselling 2014-15, Justice Bansi Lal Bhat of J&K High Court Jammu Wing after hearing Sr. Adv KS Johal appearing for the petitioner college whereas Adv WS Nargal appearing for the Jammu University observed that It appears that the University of Jammu, took a policy decision dispensing with the seat allotment formula based on the NAAC Accreditation and Affiliation Status and adopted the mechanism of surprise inspections and allotment of seats based on these inspections for allotment of seats to non-government colleges of education.
This decision appears to have been taken in the University Council's 75th Meeting held on 11.10.2013 in the backdrop of complaints about deficiencies in the functioning of privately run institutions. It further appears that the mechanism of allotment of seats devised by the College Development Council pursuant to the University Council's decision dated 11th October, 2013 was applied in respect of petitioner-College. According to respondents, the attendance monitoring Committee carried out surprise inspection of the petitioner-College on 07.12.2013, 16.01.2014, 23.04.2014 and 21.05.2014 and on the basis of attendance of students reported by the said Committee, the average attendance of students was found to be 21.71%. This is disputed by the petitioner who claims such average attendance of students at 45% during the best two out of these inspections taken as proof of attendance. Respondents have specifically denied the allegation that in the inspection conducted on 23.04.2014, 229 students were present in the petitioner-College.

The dispute raised by petitioner is with regard to enforcement of University decision raising disputed questions of fact which cannot be gone into while exercising writ jurisdiction. It further appears that the representation of petitioner-College which had been kept on hold in view of pendency of OWP No.1275/2014 has been considered by respondents in compliance to the direction passed by this Court on 28.10.2014 and the same has been rejected. The consideration order dated 7th November, 2014 has not been assailed by the petitioner. In absence thereof, the instant petition would not be maintainable. It also transpires that the seats of petitioner-College determined by respondents on the basis of formula devised by College Development Council have been intimated to petitioner through Communication dated 28.07.2014 and the process of admission to B.Ed. Course for the Session 2014-15 has since culminated. The instant petition has, thus, been rendered infructuous. With these observations Court dismissed the petition.
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