Excelsior Correspondent
JAMMU, Mar 18: Division Bench of State High Court comprising Chief Justice MM Kumar and Justice Hasnain Massodi has dismissed the petitions filed by Bhartiya College of Education, Research and Training, Udhampur, Alpine Teacher Training Institute, Udhampur, New Age Institute of ETT, Phinter Billawar and Dogra Cultural and Education Trust, Kathua, seeking regularization of admissions.
In the petitions, it has been submitted that Board of School Education (BOSE) in January 2009 issued admission notice signifying its intention to commence admission process for two years ETT Course in non-governmental institutions with effect from 21.01.2009.
The private institutions conducting the training course were required to submit their applications in Form I through registered/speed post. The last date of receipt of applications was fixed as 24.02.2009. The institutions were to make admission on their own and only submit requisite information–Admission Forms, Examination Forms, Registration Returns and connected documents of the candidates admitted, with necessary fee, so as to enable the BOSE to verify eligibility of the candidates.
In the judgement, the DB has observed, “the argument that in case of a few institutions the requisite documents have been received after the cutoff date– 15.09.2010 and the petitioners deserve to be given same treatment is of no help to the petitioners”.
“In the first place, there is nothing on the record to suggest that such a course has been followed by the Board in case of any other institutions. Secondly, even if it is assumed that such treatment has been given, and the Board violated Notification dated 04.09.2010 in any case then the petitioners cannot claim parity with an illegality”, the DB said.
“In case Board has shown some favour in case of few institutions, the legally permissible course would be not to perpetuate the illegality but to proceed against the erring officials of the Board on the charge of having conferred illegal benefit on such institutions. No mandamus would be issued by the Courts to enforce an illegality”, the DB further said.
The DB further observed, “it is pertinent to point out that conferment of illegal benefit amounts to misconduct within the meaning of Section 5 of J&K Prevention of Corruption Act and is punishable under law. Furthermore, such claim would lead to similar claims by other private institutions and perpetuate illegality”.
“To impart education is part of sovereign functions of the State. The State has allowed the private actors to play a role in imparting education and training for variety of reasons including lack of effective control and adequate financial resources available to the Government”, the DB said, adding “this, however, does not mean that the private actors are to act like an unruly horse with least respect for the applicable norms reflected in university statutes, rules and regulations, to maintain academic discipline”.
After referring various judgments of the Apex Court and High Courts, Division Bench observed that background failure on the part of the respondents to adhere to schedule notified by the respondent Board at the initial stage as also on 4.9.2010 cannot be condoned and illegal admissions made legitimized.
Stating that petitioners were not entitled to indulgence under Article 226 Constitution of India read with Section 103 Constitution of J&K, the DB dismissed the petitions.
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