JUDGMENT : (Ritu Bahri, CJ.) : Appellant is a self-financed college, which is affiliated to Hemwati Nandan Bahuguna Garhwal University, Srinagar. It has come up in appeal against the judgment of the learned Single Judge passed in Writ Petition (M/S) No. 3540/2023 dated 16.02.2024, whereby the said Writ Petition has been disposed of by giving directions to the University Grants Commission (UGC) that the directions given, vide circular letter dated 04.10.2023 – Annexure No. 9, are not violated, and benefit of this policy decision is extended by the University to its affiliated colleges. 2. Facts, not in dispute between the parties, are that the University Grants Commission, the affiliating University, which is a Central University, took a decision in the year 2022 that admission to different courses, including in B.Ed. Course, will be given based on the score of a candidate in Central University Entrance Test (CUET), conducted by the National Testing Agency (NTA). 3. Due to the problems faced in the Hill States, the UGC relaxed the condition of admission through CUET, in respect of Central Universities situated in the hill districts, including Hemwati Nandan Bahuguna Garhwal University, and, accordingly, a Circular dated 19.05.2022 was issued by the UGC, permitting the Central Universities in the hill States to take admission as per the past practice, instead of CUET, for the year 2022-23. 4. In the case of the present appellant, admissions were done through CUET, and they could not get sufficient number of students, and most of the seats in B.Ed. Course in their college remained unfilled. They referred to the Standard Operating Procedure (SOP) issued by the UGC dated 04.10.2023 – Annexure No. 9, which was sent to the Vice Chancellors of all the Central Universities by the UGC for the purpose of admission to fill up the vacant seats. 5. The grievance of the appellants/ writ petitioners was that, despite the said SOP, the HNB Garhwal University neither conducted the entrance examination at its own level, nor it held a screening test for admission to B.Ed. Course, and they refused to grant permission to fill up the seats on the basis of qualifying marks. 6. The learned Single Judge examined the above-said issue. The stand taken by the University in their counter affidavit, filed by the Vice chancellor, was that, with regard to B.Ed. Course, and they refused to grant permission to fill up the seats on the basis of qualifying marks. 6. The learned Single Judge examined the above-said issue. The stand taken by the University in their counter affidavit, filed by the Vice chancellor, was that, with regard to B.Ed. Course, a policy decision has been taken by the University to adopt CUET score for the purpose of admission in the University, as well as in the affiliated colleges. 7. The UGC, in their counter affidavit, has stated that, since HNB Garhwal University did not act upon the SOP, in this backdrop, the relaxation for extending the 20 days’ time given w.e.f. 04.10.2023 has now come to an end. The UGC admitted that the appellant/ writ petitioner was entitled to take admission as per the SOP within 20 days from the date of issuance of the SOP. However, on account of fault on the part the University, the seats in B.Ed. Course available in writ petitioner-colleges could not be filled. SOP, in this backdrop, the relaxation for extending the 20 days’ time given w.e.f. 04.10.2023 has now come to an end. The UGC admitted that the appellant/ writ petitioner was entitled to take admission as per the SOP within 20 days from the date of issuance of the SOP. However, on account of fault on the part the University, the seats in B.Ed. Course available in writ petitioner-colleges could not be filled. 8. The learned Single Judge further observed that the period of 20 days from 04.10.2023 had expired, and in February, 2024, direction cannot be given to HNB Garhwal University to permit the appellant/ writ petitioner to fill up the vacant seats at the belated stage. However, the Court expressed its disapproval with the manner in which the authorities of the HNB Garhwal Central University ignored the directions issued by the UGC in its Circular dated 04.10.2023. 9. The Writ Petition was disposed of, giving directions to the UGC to take necessary corrective action. 10. In the present case, first of all, reference can be made to the duration of the time, which can be taken to complete the B.Ed. course, as per the Gazette of India Notification, at Page No. 115 of the Writ Petition, which reads as follows : “Norms and Standards for bachelor of education programme leading to the Bachelor of Education (B.Ed) Degree 1. course, as per the Gazette of India Notification, at Page No. 115 of the Writ Petition, which reads as follows : “Norms and Standards for bachelor of education programme leading to the Bachelor of Education (B.Ed) Degree 1. Preamble The Bachelor of Education programme, generally known as B.Ed., is a professional course that prepares teachers for upper primary or middle level (classes VI-VIII), secondary level (classes IX-X) and senior secondary level (classes XI-XII). The programme shall be offered in composite institutions as defined in clause (b) of regulations 2. 2. Duration and Working Days 2.1 Duration The B.Ed. programme shall be of a duration of two academic years, which can be completed in a maximum of three years from the date of admission to the programme. 2.2 Working Days (a) There shall be at least two hundred working days each year exclusive of the period of examination and admission. (b) The institution shall work for a minimum of thirty six hours in a week (five or six days), during which physical presence in the institution of all the teachers and student teachers is necessary to ensure their availability for advice, guidance, dialogue and consultation as and when needed. (c) The minimum attendance of student-teachers shall have to be 80% for all course work and practicum, and 90% for school internship.” 11. As per the above-said notification, the B.Ed. programme is of two years’ duration. However, it can be completed in a maximum period of three years from the date of admission in the programme. Hence, as per the above-said provision, even if admission is made in the year 2024, for the Session 2020-23, the B.Ed. course can be completed within three years from the date of admission in the programme. 12. The next question for consideration is, what was the object of issuing Circular dated 04.10.2023 – Annexure No. 9, at Page No. 95 of the Writ Petition. The UGC had taken a conscious decision on 04.10.2023, regarding the seats, which were lying vacant in some of the Universities, even after three or four rounds of counselling, and considered that it was not proper to keep these seats vacant for the entire academic year, as it would amount to wastage of resources, and also result in denial of the quality of higher education to many students. 13. 13. At Page No. 96 are the details of the SOP, where the UGC was conscious of the fact with respect to the students, who had appeared in CUET, and a conscious decision had been taken that the Universities may consider considering an entrance examination at its own level, and directions were given to the Universities to fill up the vacant seats as under : “In case, seats still remain vacant even after exhausting the list of applicants who appeared in CUET, the Universities may take recourse to the following : 1. The University may consider conducting an entrance examination at its own level or the concerned department of the University may conduct a screening test. 2. The University may admit students on the basis of marks obtained in the qualifying examination. 14. Hence, it is clear from the above-said SOP that University could limit students by conducting entrance examination at its own level, or they can admit students on the basis of the marks obtained by them in the qualifying examination. The 20 days’ time given to fill up the seats expired, as the University could not conduct the examination. However, the object of giving the SOP was to fill up the vacant seats for the future, so that the students are not denied the benefit of higher education, as they wanted to pursue higher studies in Central Universities. 15. The University, instead of giving permission to the private Universities/writ petitioners to admit the students on the basis of the marks obtained in the qualifying examination, has taken a stand that, after expiry of 20 days, no direction can be given to the Universities to admit the students. 16. The language of the SOP, at Page No. 96, is very clear - that to fill up the vacant seats, two procedures could have been adopted by the University. One to have their independent examination, and the second was to give permission to admit students on the basis of their qualifying examination. Once this condition was there in the SOP, the stand taken by the University in their counter affidavit – that a policy decision has been taken to adopt CUET, and no admission can be made on the basis of the marks obtained in the qualifying examination, is not correct. 17. In any case, as per the notification at Page No. 11, the duration of B.Ed. 17. In any case, as per the notification at Page No. 11, the duration of B.Ed. course is two academic years, which can be completed in a maximum of three years from the date of admission to the programme. Hence, even if admission is made after a lapse of 20 days from the issuance of the Circular dated 04.10.2023, the course can be completed within a period of three years. 18. The UGC, in their counter affidavit, has also admitted that the HNB Garhwal University has not acted upon the SOP. Since the SOP gave an option to the Universities to make admission, even on the basis of the qualifying marks, at this stage, no useful purpose would be served in giving directions to the UGC to take corrective action, and ensure that the directions are not violated. Rather, the Writ Petition deserves to be allowed, on the ground that the SOP dated 04.10.2023 was very categoric, that admission could be made on the basis of entrance examination by the University, or by way of eligibility of qualifying marks. 19. Accordingly, the impugned judgment passed by the learned Single Judge is set aside. The Writ Petition is being allowed. A direction is being given to the appellant/ writ petitioner to admit students, as per the qualifying marks, reflected in the SOP dated 04.10.2023 – Annexure No. 9, and the said SOP has been issued, keeping in view the special circumstances, in which Institutes are located in the hilly areas. 20. Consequently, the present Special Appeal is also allowed. 21. Pending application(s), if any, also stand disposed of accordingly.