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REPORTABLE

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO.   13353          OF 2015 (arising out of SLP(C)No. 26311 of 2015)

VNS College of Physical Education and  Management Studies and others Appellant(s)

versus State of Madhya Pradesh and others Respondent(s)

WITH

WRIT PETITION (C) NO. 674 OF 2015

Devi Ahilya Asaskiya Siksha  Mahavidyalayin Sanchalak Sangh Petitioner(s)

versus State of Madhya Pradesh and others Respondent(s)

CIVIL APPEAL Nos.13355-13357 OF 2015 (arising out of SLP (C) Nos. 28803-28805 of 2015)

Preston College and others etc. Appellant(s) Versus

State of Madhya Pradesh and others Respondent(s)

J U D G M E N T

M.Y. Eqbal, J.:

Leave granted.

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2. Heard Mr. Vikas Singh, learned senior counsel appearing

for the appellants/writ petitioner and Mr. Arjun Garg, learned

counsel appearing for the respondents.

3. In all these applications the appellants/petitioner, private

recognized institutions are aggrieved by the impugned orders

passed by the High Court of Madhya Pradesh refusing to pass

an  interim order  directing  these  institutions  for  conducting

counseling  and  admission  to  the  students  possessing

minimum  eligible  marks.   In  other  words,  these

appellants/petitioner seek permission to conduct college level

counseling to fill up the left over vacant seats.  The grievance

of  the  appellants/petitioner  is  that  because  of  the  alleged

arbitrary  decision of  Higher  Education Department  seats  in

these institutions have been left vacant.

4. It appears that by the impugned decision taken by the

Department of Higher Education, admission to students have

been restricted to only those students who have appeared in

the entrance examination conducted by Vyapam and is  not

open for all students possessing the minimum eligibility marks

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from the qualifying examination and also opposed the request

for college level counseling.

5.   The contention of the appellants/petitioner are that the

counseling by the respondent Department is being conducted

in  complete  derogation  of  various  mandatory  provisions  of

Admission Rules 2008 framed by the State Government itself

under  the  provisions  of  Madhya  Pradesh  Niji  Vyavsayik

Shikshan Santhan Adhiniyam 2007 where under it is provided

that if after two rounds of counseling, the seats are left vacant

in  the  private  unaided  colleges  then  the  admission  process

would be open for all the students having minimum eligibility

criteria  and  having  minimum  marks  in  the  qualifying

examination.   It  is  pleaded  that  it  further  provides  that

“College level counseling” shall also be permitted to be carried

out by the concerned college itself for filling its vacant seats.

6. It  has  further  been  contended  by  the  appellants  that

despite almost more than 50% seats are lying vacant in their

institutions,  the  respondent  authorities  have  till  date

restricted  the  admissions  to  only  those  students  who  have

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appeared in the entrance examination conducted by Vyapam

and  not  opened  for  all  students  possessing  the  minimum

eligibility marks from the qualifying examination and have also

proposed no program for college level counseling.  Although

respondent authorities have conducted almost three round of

counseling,  the  seats  are  lying  vacant  in  their  institutions.

Our attention was drawn to the decision dated 26.9.2014 of

this  Court  passed  in  Civil  Appeal  No.5914  of  2011  and

connected  writ  petitions  and  pleaded  that  this  Court  had

directed the State Government of Uttar Pradesh to conduct the

Counseling and allot students to the vacant seats.

7. The  contention  of  the  respondent-State  of  Madhya

Pradesh is that the State Government has issued circular for

counseling  for  admission  in  B.Ed.,  M.Ed.  etc.  courses  in

private  institutions.   The  entrance  examination  for  such

examination  is  conducted  by  the  Professional  Examination

Board.   For the academic session 2015-16, 63406 students

participated in the examination conducted by Vyapam.  It has

been  further  submitted  that  under  the  Guidelines  for

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admission  framed  by  the  State,  an  online  registration  is

compulsory for all students who desired to participate in the

counseling which was to be conducted after the entrance test.

The  Registration  for  first  round  counseling  was  held  from

18.5.2015 to 28.5.2015 and three rounds of counseling were

completed  between  9.6.2015  to  29.6.2015.   Thereafter,

additional  round of  counseling was also  conducted in July,

2015, for which all students were allowed/permitted to get the

online registration subject to the only condition that they have

participated in the entrance examination.   According to the

respondents,  against  total  seats  of  53,865  in  the  State  of

Madhya  Pradesh  for  B.Ed.  course,  63,406  students  were

allowed online registration.  Despite four rounds of counseling,

seats  in the  appellant  colleges are  remaining  vacant,  which

means  that  the  students  are  not  interested  in  getting

admission in these colleges.   It has been further submitted

that the entire pool of students who had participated in the

Vyapam examination has been exhausted,  and as such,  no

further counseling can be permitted now.

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8. In the background of all these facts, we do not find any

reason to grant any interim relief to the appellants/petitioner

to conduct a college level counseling and admit the students

who  have  not  even  appeared  in  the  entrance  test.   These

applications are, therefore, dismissed.

…………………………….J. (M.Y. Eqbal)

…………………………….J. (C. Nagappan)

New Delhi November 06, 2015   

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