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Monday, November 9, 2015

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.= 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. 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. 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.

                                                                  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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