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2013 DIGILAW 920 (HP)

Himachal Education Promotion Society v. .

2013-10-29

A.M.KHANWILKAR, KULDIP SINGH

body2013
JUDGEMENT A.M.KHANWILKAR, J. - 1. THIS petition pertains to Himachal Pradesh College of Education Kishanpura, Nalagarh, District Solan. The total intake capacity of the College is stated to be 200 students. Out of 200 seats, 181 seats are presently filled in on the basis of recommendation made by the Committee. The Management seats earmarked for the College are stated to be 17, which can be filled up by the Management on its own. In other words, there are two vacant seats (merit seats), which are yet to be filled up. These seats will become available to the Management in terms of decision dated 20th September, 2010 in CWP No. 5728 of 2010. Accordingly, the Management is now free to fill up 19 seats for this academic year. 2. OUR attention is invited to the circular issued under the signatures of the Chairman, B.Ed Counselling Committee (2013 -14), which has permitted the Management to fill up the vacant seats in the manner specified therein before the cut off date. Counsel for the petitioners submits that this circular has been issued on 27th October, 2013 and expecting the Management to fill up the vacant seats before 31st October, 2013, which is asking the Management to do something, which is impossible. The petitioners are free to make representation(s) to the University for extending the time specified in the said notification, if so advised. That representation(s) be considered expeditiously and preferably within two days from the receipt thereof and the decision taken thereon be communicated to the petitioners. This, however, does not mean that the petitioners will not make any effort to fill up the remaining 19 seats before 31st October, 2013. Making representation(s) does not mean that some right is created in the petitioners to await the decision of the University for further time to fill up the vacant seats. Further, the University may consider the representation(s) only if it is otherwise permissible under the extant Rules and Regulations to extend the time period for admission, keeping in mind the mandatory attendance required to be observed by the students for the academic year. 3. COUNSEL for the petitioners submits that the petition be disposed of with liberty to the petitioners to pursue larger questions, as and when required in future. 4. ACCORDINGLY, the petition is disposed of on the above