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2017 DIGILAW 713 (JK)

Sarvat Bihaqi v. State of J&K

2017-08-22

M.K.HANJURA

body2017
Judgment M.K. Hanjura, J.—The grouse of the petitioners is that they are students of Bachelor of Education (B.Ed.), Department of Education, University of Kashmir, Srinagar. The University of Kashmir invited online applications from the eligible candidates of Kashmir Division including Ladakh for admission to B. Ed. Programme Session 2015-16 at P. G. Department of Education, University of Kashmir, Srinagar through Notification No. F/B. Ed-PG-DOE/CDC/KV/15 dated 12.06.2015, which provided that the B.Ed. Programme for the year 2015 to 2016 and the course under reference shall be strictly as per the policy adopted by the University as detailed in P. G. Prospectus 2015 which will be for one year. Furthermore, it is evident from other notification issued by the Office of the Dean College Development Counsel that the B. Ed. Programme will be ofthe duration of one year for the session 2015-16. It is pertinent to mention that the Office of the Dean College Development Counsel reiterated the same in Notification No. F(B.Ed. Pvt. AD-15)CDC/KU/15 dated01.07.2015. Thereafter to the utter dismay and surprise of the petitioners, University of Kashmir, Srinagar issued a notice whereby duration of the said course was enhanced to two years instead of one year. The petitioners approached the concerned authorities in the Universityand they were assured that since a writ petition regarding the same matter, (i.e duration of B. Ed.Course/Programme)is subjudice and the decision in relation to petitioners will be taken after the outcome of the aforementioned petition. It is even more important to mention that the said writ petition was considered by the Hon’ble High Court vide order dated 01.02.2015, whereby it was directed that the University shall consider and decide the duration of the course keeping in view all attending circumstances and grant the same option to them as has been granted to B.Ed. students studying in Central University of the session 2015. After these developments the students approached the Vice Chancellor through a representation in this regard but that was not considered. Hence, the instant petition. 2. The respondents have resisted and controverted the petition of the petitionerson the grounds, inter alia, that the respondents seek the quashment of the notification dated 22.07.2015 issued by the Assistant Registrar (Academic). They have also prayed for limiting the duration of the course for the session 2015-16 to one year as also that they may be given an option to choose between I or 2 years B. Ed. They have also prayed for limiting the duration of the course for the session 2015-16 to one year as also that they may be given an option to choose between I or 2 years B. Ed. Programme.The respondents state that under law, no such relief is permissible and the writ petition, as such, merits dismissal. 3. Heard and considered. 4. The petitioners have taken an umbrage under the judgment of this Court delivered on 01/02/2011 in MP No. 03/2016 in OWP No. 1368/2015 titled “Tahir Lone and Others Vs. State and Others” in which the following has been held: “Learned counsel for the applicants states that the students had taken admission in the B. Ed. one year course taking into account a number of factors like time period available with them for obtaining the said qualification as also resources available at their command and that changing the duration of study after the start of the course and grant of admission to the candidates was legally unsustainable and highly prejudicial to the interest of the candidates such as the petitioners. In the light of the above said submission, learned counsel for the applicants states that the applicants are entitled to be accorded similar treatment as has been accorded by the Central University of Kashmir vide annexure-A1, by giving an option to the applicants to undergo one/two year B. Ed. course. Notice of the application to counsel for non-applicants who accepts the same and states that the same may be disposed of by directing the applicants to move a representation in respect of the prayer in the application before the University authorities who would consider and decide the same by taking into account all aspects of the matter within a period of two weeks from the date of submission of representation along with a copy of the order to the University authorities. This application is accordingly disposed of in terms of the submission of learned counsel for the respondents. This application is accordingly disposed of in terms of the submission of learned counsel for the respondents. On submission of representation by the petitioners to the University authority along with certified copy of this order the competent university authority is directed to consider and decide the said representation in accordance with the rules applicable by taking into account all aspects of the matte as also grant of option as claimed by the petitioners to students studying in the Central University of Kashmir by the Central University of Kashmir Order as deemed appropriate by the competent authority be passed with a period of two weeks of receipt of representation along with certified copy of this order”. 5. There should always be an element of consistency in the orders passed by the High Court. Not only that, since the petitioners are similarly circumstanced their case cannot be treated as a sui generis case. They cannot be discriminated in the matter of the accord of consideration on the same parameters as have been evolved in the case of the petitioners in OWP No. 1368/2015. Therefore, the petition of the petitioners merits to be decided on the same terms and conditions as stipulated in the order dated 01.02.2016 passed in OWP No. 1368/2015. 6. Viewed in the above context, the petitioners are directed to submit a representation before the University of Kashmir along with the certified copy of this order. The authorities of the University of Kashmir shall consider and decide such representation in accordance with the applicable rules by taking into account all aspects of the matter as also grant of option as claimed by the petitioners studying in the Central University of Kashmir. Orders in the representation shall be passed within a period of two weeks after the date of the receipt of representation along with the certified copy of this order. 7. The writ petition is disposed of, accordingly, along with the connected MP(s).