Excelsior Correspondent
JAMMU, July 23: Supreme Court Bench comprising Justice A K Patnaik and Justice FMI Kalifullah today upheld the order of Jammu and Kashmir High Court directing private BEd College to pay Rs 1.46 crore compensation to 292 students and decision of the Jammu University against regularizing illegal admissions.
Divya College of Education had sought regularization of 292 illegal admissions but the same was opposed by the University of Jammu on the grounds that admission to BEd course in private BEd colleges and allotment of students to various colleges were to be made in accordance with the University Statues and that too through process of centralized counselling by Central Admission Committee of the University and Private BEd colleges have no authority in terms of University Statues to make admission on their own.
Aggrieved over the decision of Jammu University, Divya College knocked the doors of the High Court against the decision of the University. However, High Court, in the landmark judgment, upheld the decision of University of Jammu not to regularize 292 illegal admissions made by Divya College of Education in violation of Statues of the University and directed the college to consider payment of reasonable compensation of Rs 50,000 each to 292 students.
The High Court also advised the Jammu University and other varsities granting affiliation to Non-Government Colleges, to constitute high level committee to examine the matter and make recommendations for regulating distribution of selected students amongst the private BEd Colleges so as to ensure that they get fair share of admission made by Central Admission Committee having regard to their individual intake capacity so that a balance is struck between the total intake capacity and number of aspirants for the course.
However, the judgement of Single Judge was challenged by Divya College in the Division Bench. But, Division Bench comprising Chief Justice M M Kumar and Justice Dheeraj Singh Thakur too upheld the judgement of Single Judge.
However, the Division Bench termed the direction issued by the Single Judge to take fresh look at the policy of the University at the absolute discretion given to the students to opt for admission in the college of their choice as un-sustainable.
Aggrieved over the decision of Division Bench, Divya College knocked the doors of the Supreme Court, which today dismissed the SLP. Senior Advocate V Shekhar appeared for the Divya College while as Advocates Waseem Sadiq Nargal and R Shekhar Rao appeared on behalf of the University of Jammu before the Apex Court.
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