JUDGMENT : Rakesh Thapliyal, J. 1. Both the appeals are preferred against the common judgment, therefore, with the consent of learned counsel for the parties, both the special appeals are heard together and disposed of by this common judgment. 2. Appellants are aggrieved by the judgment dated 16.02.2024 passed by learned Single Judge in Writ Petition (M/S) No. 3540 of 2023 (Smt. Manjira Devi Sikshan Evam Prashikshan Sansthan and others Vs. State of Uttarakhand and others) whereby writ petition was disposed of by directing 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. 3. Brief facts of the present case are that petitioners – appellants colleges are self financed Colleges affiliated to Hemwati Nandan Bahuguna University, Srinagar. The appellants’ Colleges are imparting education in Bachelor of Education Course, which is duly recognized by National Council for Teacher Education under Section 14 of National Council for Teacher Education Act, 1993. The State Government has also issued No Objection Certificate to the appellants’ Colleges to run B.Ed. course. 4. According to the appellants, in terms of directions issued by University Grants Commission (UGC), the affiliating University, which is a Central University, took a decision in 2022 that admission to different courses, including B.Ed. Course, will be given on the basis of the marks obtained by a candidate in Central University Entrance Test (CUET), conducted by National Testing Agency. Due to the problem faced by the Hill States, UGC relaxed the condition of admission through CUET in respect of Central Universities situated in hill districts, including HNB Garhwal University, and accordingly, a circular was issued on 19.05.2022 by the UGC permitting the Central Universities in hill States to take admission as per the past practice, instead of CUET for the year 2022-23. But due to insistence of HNB Garhwal University for admission only through CUET, the appellants’ colleges could not get sufficient number of students and most of the seats in B.Ed. Course would remain vacant. 5. Learned counsel for the appellants has placed reliance upon the Standard Operating Procedure (SOP) issued by the UGC for admission in Central Universities to fill up vacant seats. This SOP was sent to Vice Chancellors of all Central Universities vide letter dated 04.10.2023. Para no. Course would remain vacant. 5. Learned counsel for the appellants has placed reliance upon the Standard Operating Procedure (SOP) issued by the UGC for admission in Central Universities to fill up vacant seats. This SOP was sent to Vice Chancellors of all Central Universities vide letter dated 04.10.2023. Para no. 2 of the said letter is extracted below:- “As the new academic session has already commenced, the Central Universities and their constituent/ affiliated colleges are requested to complete the entire admission process and fill up the vacant seats in accordance with the SOPs within twenty days from the date of issue of this letter.” 6. The relevant Clause of SOP issued vide letter dated 04.10.2023 are being extracted hereinbelow:- “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.” 7. Relying upon the said SOP, learned counsel for the appellants submits that neither the HNB Garhwal University conducted any entrance examination at its own level nor it held any screening test for admission to B.Ed. Course, therefore, the action of the University in not permitting the appellants colleges to give admission to the students on the basis of marks obtained in qualifying examination is arbitrary and unjust. 8. Learned counsel for the appellants further submits that since UGC is the Apex body, therefore, SOP issued by UGC should not be ignored by the respondent-University. 9. We find force in the argument of learned counsel for the appellants, therefore, we are of the view that SOP issued by UGC vide its Circular dated 4.10.2023 is binding upon the respondent University and the same could not have been overlooked by the University. 10. On the other hand, learned counsel for the respondent University submits that for B.Ed. Course, a policy decision was taken by the University, to adopt CUET score for the purpose of admission in the University as well as the affiliated colleges. 11. The stand taken by the University is contrary to the directives issued by the UGC. 10. On the other hand, learned counsel for the respondent University submits that for B.Ed. Course, a policy decision was taken by the University, to adopt CUET score for the purpose of admission in the University as well as the affiliated colleges. 11. The stand taken by the University is contrary to the directives issued by the UGC. The UGC in the counter affidavit has stated that since HNB Garhwal University did not act upon the SOP, therefore, the relaxation for taking admission, which was given for 20 days w.e.f. 4.10.2023 has now lapsed. Thus, the UGC admits that appellants colleges are entitled to take admission as per the SOP within 20 days from the date of issuance of SOP, however, due to the fault of the University, the seats in B.Ed. Course available in appellants colleges could not be filled. 12. The learned Single Judge has 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 writ petitioners – appellants herein 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. 13. The relevant extract of the Gazette Notification issued for NCTE by the Government of India, is being extracted hereinbelow : “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. 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.” 14. As per the above 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 abovesaid 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. 15. This Court is of the considered view that vide Circular dated 04.10.2023 the UGC has taken a conscious decision 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, therefore, the UGC requested the Hill Universities to consider for conducting an entrance examination at its own level. 16. From perusal of the SOP, it is clear 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 and for completing this exercise, 20 days’ time was given but the time, as granted, has already been expired. 17. The object of giving the SOP issued by the UGC is to fill up the vacant seats for the future so that the students are not denied the benefit of higher education. The language of the SOP is very clear that to fill up the vacant seats, two procedures could have been adopted by the University. 17. The object of giving the SOP issued by the UGC is to fill up the vacant seats for the future so that the students are not denied the benefit of higher education. The language of the SOP is very clear that to fill up the vacant seats, two procedures could have been adopted by the University. First, to conduct their independent examination, and the second to give permission to admit students on the basis of their marks obtained in qualifying examination. Once these conditions are there in the SOP, the stand taken by the University 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. 18. In any case, as per the Gazette Notification 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. 19. The UGC 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 at its own level or on the basis of the qualifying marks, therefore, 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. 20. In view of above, both the special appeals are allowed. Impugned judgment passed by the learned Single Judge is set aside. A direction is being given to the appellants/ writ petitioners to admit students, as per the qualifying marks, as reflected in the SOP dated 04.10.2023, since the said SOP has been issued, keeping in view the special circumstances, in which Institutes are located in the hilly areas.