Kashmir Women's College of Education vs Kashmir University and Others

M.M. Kumar, CJ.

The instant appeal under Clause 12 of the Letters Patent is directed against judgment and order dated 31.01.2012 rendered by the learned

Single Judger of this Court, dismissing the writ petition by holding that the appellant-College has illegally admitted one section of 60 students to

B.Ed class, which was over and above its sanctioned intake capacity. It has also been held that the appellant-college has been moved by motive of

pure commercial interest while granting admission over and above its intake capacity. We have heard Mr. Molvi Aijaz, learned counsel for the

appellant and Mr. T. H. Khawaja, learned counsel for the Kashmir University at a considerable length and find that the instant appeal is totally

devoid of merit.

Once the appellant-college has been granted permission to admit 240 students in B.Ed classes, it was wholly impermissible for it to admit

another section of 60 students. The only argument raised by Mr. Aijaz is that the aforesaid admission of 60 students was made because an

assurance has been given by the Kashmir University. However, we concur with the view taken by the learned Single Judge that the material on the

file sufficiently indicates that at no point of time during the period in question any promise or assurance was extended to the appellant for enhancing

the intake capacity. In para nos. 11, 12 and 13 of the judgment of the learned Single Judge detailed discussion is available that there was neither

any such promise nor any such order, therefore, the action of the appellant in granting admission to 60 students over and above its sanctioned

strength was held to be illegal. The learned Single Judge has also rightly concluded that these 60 students would also not be entitled to pursue their

course, appear in the University examination and get B.Ed degree in the event they are successful. The learned Single Judge has referred to

statutory provisions, correspondence between the appellant and the University authorities and has rightly reached a conclusion that such a course

cannot be adopted by a court of law. In that regard the learned Single Judge has rightly placed reliance on the judgment of Hon'ble the Supreme

Court in the case of C.B.S.E. and Another Vs. P. Sunil Kumar and Others, .

In view of the above, the appeal is dismissed. However, the appellant would be at liberty to file a new representation to the Kashmir University

in respect of the new session which has to commence from the year 2013 for enhancing its intake capacity. If any such fresh application is made

within a period of two weeks then the same shall be considered by the Kashmir University in accordance with rules, regulations, statutes and law.

The appeal and connected applications are, accordingly, disposed of and shall be subject to observations made in the preceding paras.