Admissions made against KU statute cannot be regularized: HC

Observing that no admission can be regularized in private B Ed colleges in violation of the Kashmir University statute, the J&K High Court dismissed a batch of petitions seeking to confirm such admissions for session 2018-20.  

While pulling up the B Ed colleges, a bench of justice Ali Muhammad Magrey said: “The educational institutions after admitting the students in wilful disregard of the University statute, more often, make an effort to get the irregularities condoned in the name of academic interest of the students admitted in violation of the University statutes”. 

 The erring educational institutions, the court said, try to give the controversy the colour and complexion of an emotional issue and argue that the students, though enrolled in violation of University statutes, should not be exposed to any penalty for the wrong committed by the institution.

Pointing out that such practices have been deprecated by the Supreme Court in a catena of judgments, the bench said: “The courts often fall prey to such persuasion made by the educational institutions and permit something that is not permissible under the statutes.” 

In their petitions, the aggrieved students had sought a direction from the court to the KU to confirm their admission for B Ed course for the session 2018-20, to register them along with the batch of 2018-20 for B Ed session besides allowing them to appear in the examination of batch 2018-20 along with other candidates.

The contention of the aggrieved students was that that pursuant to notification issued by the KU in 2018, they could not apply in time and, subsequently requested the private B. Ed. Colleges for admission in B. Ed. Course for the session 2018-20.

The KU, they said, however did not confirm their admissions despite repeated requests. 

The students through their counsel submitted that in case the admission of the petitioners was not regularized, their career will be marred and they will be subjected to irreparable loss. 

The University however contended that the admissions to B Ed courses in all the private B Ed Colleges is granted and made by it. “University alone initially invites applications and then allots students to various Colleges of the Valley and, thus the Colleges have no authority to admit students of its own,” Advocate T H Khawja argued on behalf of KU. 

“The university did not have any knowledge about the admission of the petitioners in any of the Colleges or their pursuit of the Course in respective Colleges”, he said. 

He submitted that the concerned Colleges agreed to facilitate admission of the students’ admission for the Session 2019-21, unmindful of the fact that in the meantime, the criteria for admission has undergone a change. “A candidate seeking admission to B. Ed Course in the general category is now required to have passed Bachelor’s Degree with 50% marks, while as a candidate belonging to reserved category is required to have passed the Degree with 45% marks, as opposed to the past practice of 45% and 40%, respectively”.

This development, he argued, has rendered the Petitioners ineligible for admission. 

After hearing the arguments, the court observed that it was axiomatic that the petitioners had taken admission to two-year B. Ed Course in different Colleges of the Valley on their own without following the due procedure prescribed in the Statute of the KU. 

While the court pointed out that the petitioners did not respond to the admission notice issued by KU in time, it said after expiry of the stipulated time period, they claimed to have secured admission directly in the college concerned which is contrary to the admission policy followed by the varsity.

Besides, the court said, admittedly, no Registration Returns (RRs) were forwarded to the University within the fixed timeframe by the concerned Colleges regarding the admission of the Petitioners.

Underscoring that in terms of the statute of the KU, a B Ed college affiliated with it being prohibited from making admission to B Ed course on its own, the court said any admission made in violation of the statute, the varsity would be under no obligation to regularize such admission.

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