Judgment:
Chandra Shekhar Shiksha Mahavidyalaya & Others versus State of M.P.& Others Writ Petition No.15806 ”
13. 3.2013: Shri Siddharth Gupta, learned counsel for the petitioneRs.Shri Sanjay Dwivedi, learned Government Advocate for respondent Nos.1 & 2.
Shri Vibhudendra Mishra, learned counsel for respondent No.3.
Shri Tabrez Sheikh, learned counsel for respondent No.4.
Seeking a similar direction as has been issued by a Division Bench of this Court on 31.07.2012 in W.P.No.14932/2010 and various other cases, this writ petition is filed.
Institute in question which has come out with a case that in the Academic Session 2008-2009 certain students were admitted for B.Ed.
couRs.and were entitled to take up the final examination, however as the respondent University declined to take the examination of these students more than 30 writ petitions were filed, wherein institute similarly situated like the petitioners sought a direction for permitting the students who have been admitted for the session in question to take up the examination.
The petitioners also contend that in the year 2008-2009 students have been admitted in the petitioneRs.institute and in their case also examination were not taken.
That being so, this writ petition is filed and as petitions identical in nature have already been disposed of by a common order 2 passed on 31.7.2012, learned counsel for the petitioners pray for similar relief.
Having heard learned counsel for the parties, We find that in W.P.No.14932/2010 and various other cases, as indicated hereinabove, and a Division Bench of this Court after taking note of a decision of the Supreme Court in the case of AdaRs.Shiksha Mahavidyalaya and Others versus Subhash Rahangdale and OtheRs.AIR 201.SC 1097.disposed of the writ petition by issuing various directions which reads as under : “......keeping in view the issue and the future of number of students involved, we are not inclined to grant further opportunity to the State and its functionaries; instead we intent to dispose of the petition with the following directions :- i) That, the State Government in coordination with Western Regional Committee and respective examining bodies, i.e., Universities, shall take a decision within a period of one month in respect of admissions made for the academic session 2008-09 as to whether the same was in consonance with the Regulations framed by the NCTE and the statutory policy framed by the State Government, if any, and whether the students have been imparted the teaching in accordance with the norms laid down by the NCTE.
3 (ii) That, after ascertaining the above, and after having satisfied that the students in respective colleges were admitted strictly in accordance with the stipulations laid down vide Regulations framed by NCTE and the Policy of the State Government, if any, and that the students have undergone teaching couRs.as per Norms of the N.C.T.E, the examining body, i.e., respective Universities shall hold special examinations for the students of the year 2008-09 who are found eligible in pursuance to the enquiry conducted, within a period of 30 days from the date the State Government takes a decision in furtherance to above direction and shall declare the result within a period of 15 days therehence.
It is made clear that the State Government, Western Regional Committee and the examining bodies while examining the cases of respective students who were given admission for the academic session 2008-09 shall strictly examine it in the light of regulations so framed by NCTE and shall not deviate from the same.
It is made clear that we have not expressed any opinion in respect of eligibility of the students or that of the institutions, i.e, petitioner Colleges, which has to be looked into by the NCTE, the State Government and the examining body.”
Taking note of the directions already issued by the learned Division Bench, as indicated hereinabove, and finding 4 the petitioners also to be similarly situated, respondents are directed to consider the case of petitioneRs.institute also in accordance to the directions already issued on 13.7.2012 in W.P.No.14932/2010 and various other cases, examine the claim of the petitioneRs.institute also in accordance to same directions and proceed in the matter in accordance with law.
With the aforesaid, this petition is also disposed of.
Certified copy as per rules.
(S.A.BOBDE) (RAJENDRA MENON) Chief Justice Judge ss/-