Created byFuzzy Cloud

Supreme Court of India

MAHARISHI DAYANAND UNIVERSITYversusM.L.R. SARASWATHI COLLEGE OF EDUCATION

Citation
2000 INSC 445
Decided
13 September 2000
Disposal
Appeal(s) allowed

Holding

The Court held that the adhoc appointment of lecturers without compliance with statutory procedure is illegal and cannot be used to justify admission of additional students, but the examination results of those students must be released.

Summary

Maharishi Dayanand University appealed against a Punjab & Haryana High Court order that had permitted M.L.R. Saraswati College of Education to admit 80 additional B.Ed. students on the basis of eight adhoc lecturers appointed by the college. The Supreme Court held that the college’s selection of adhoc lecturers violated the university statutes and the procedure prescribed under the National Council of Teacher Education Act, 1993, and therefore could not be used to justify the extra admissions. While the Court set aside the High Court’s direction and restrained the college from admitting any students beyond the statutory limit of 70 without proper regular selection, it directed that the examination results of the 80 students who had already completed the course and paid fees be released. The Court emphasized the need for strict compliance with statutory rules in higher education and warned against the commercialisation of education.

Issues considered

  • Whether the NCTE’s proposal dated 13.6.97 was a binding permission for adhoc appointments of lecturers.
  • Whether the college could appoint adhoc lecturers without the participation of the university and the Director of Higher Education.
  • Whether the university could be directed to sanction admission of the extra 80 students based solely on the NCTE’s order.
  • Whether the university was justified in withholding the examination results of the extra 80 students and whether the results should be released.

Subjects

National Council of Teacher Education Actteacher-student ratioadhoc appointmentuniversity statutesadmission of studentsexamination resultshigher education lawcommercialisation of educationprocedural compliance

Judgment

                   MAHARISHI DAY ANAND UNIVERSITY                                      A
                                    v.
               M.L.R. SARAS WA THI COLLEGE OF EDUCATION

                               SEPTEMBER 13, 2000

           [M. JAGANNADHA RAO AND DORAISWAMY RAJU, JJ.]                                B

           Education:

           National Council of Teacher Education Act, 1993-Sections 14 and 15.

           Appointment of additional lecturers on adhoc basis by the College and
                                                                                       c
     admission of additional students in accordance with the prescribed teacher-
     student ratio with the sanction of the National Council of Teacher Education
     but without the knowledge of the University and Director of Higher Education
     which is in violation of the University Statutes-University refusing permission
     for admission of additional students-Whether proper and correct-Held, the         D
     appointment of teachers and the admission of students thereof is illegal-
     Service Law.
            Withholding ofresults ofexisting additional students by the University-
     Justification of-Held, in the peculiar facts of the case and in view of the       E
     circumstances, the results be released.



-,         As per the general instructions issued by the National Council of
     Teacher Education (NCTE), established under the National Council of Teacher
     Education Act, 1993, the teacher-student ratio for a college ought to be 1:10.
     The respondent-college, in accordance with the ratio, had originally 70           F
     students and 7 regular lecturers. The College unilaterally appointed 8
     lecturers on adhoc basis with the sanction of the NCTE but without the
     participation of the University and Director of Higher Education, which is
     in complete violation of the University statutes. On the basis of the
     appointment, 80 additional students were admitted to the College as per the
     aforesaid ratio. For the next session, the College, as per the procedure          G
     prescribed in University statutes, approached the University to permit
     admission of 150 students (i.e. 70 plus 80). Since the appointment of the
     lecturerSJVas done without the knowledge of the University, it refused to
     grant permission for admission of extra students for the next session. It also
     withheld t~e examination results of the extra 80 students. The respondent-        H
                                          271
     272                     SUPREME COURT REPORTS [2000] SUPP. 3 S.C.R.

 A college filed a Writ Petition before the High Court. The High Court directed
     the University to permit admission for the extra students as the College had
     already got the sanction from the NCTE. The High Court also directed the
     College to regularise the appointment of the adhoc lecturers. Hence the
     appeal by the Universi,ty.

B          Allowing the appeal, this Court

           HELD: 1.1. The High Court was in error in allowing the College to
     increase the admission of 80 students by assuming that the adhoc selection
     of teachers was sufficient to permit increase of students. The selection of
C    these adhoc lecturers-in addition to the existing regular staff-was done,
     without proper advertisement, without the candidates sending copies of
    application to the University, and without the participation of the nominees


                                                                                      -
    of the University and the Director of Higher Education. No list of such
    selected staff was sent by the College to the University as required. It was
    a selection in total violation of the procedure. The University was kept in
D   dark till after permission was obtained from the NCTE for admission of
    extra 80 students. The College reversed the entire process by first going to
    the NCTE and then to the University. The selection of the adhoc lecturers
    cannot enable the College to compel the University to permit admission of
    these 80 students. (280-A-CJ

E         1.2. The NCTE ought to have verified from the University whether the
    University had received applications of the candidates who had applied for
    selection, whether a date for interview was fixed in consultation with the
    University and whether the nominee of the University or the Director of
    Higher Education participated in the selection and whether the College had
F   informed the University after the selection. Apart from this the question
    regarding the satisfaction of the other infrastructural facilities also appears
    to have eluded the attention of the NCTE. The NCTE allowed itself to be
    misled by the College. [280-D-E)

           1.3. The selection of adhoc teachers was illegal and the College could
G not seek extra students on basis of extra adhoc teachers and without
    satisfying the norms relating to the other infrastructural facilities too. The
    High Court's direction is contrary to the guidelines of the NCTE and the
    procedure laid down in University statute. [280-F]

         1.4. Colleges and schools which violate the rules, either plead for the
H   students or set up the students to file cases in the courts in the belief, that
                   M.D. UNI.''- M.L.R. SARASWATHI COLLEGE OF EDUCATION          273
    the courts can be persuaded to grant orders to jump over the rules. This           A
    tendency has been on the increase. Commercialisation of education is the
    reason. This Court has been insisting on the discipline and obedience to
    rules. [280-E-FJ

          1.5 In the nornal course, the results of the examination of the extra
    students cannot be allowed to be released. But, there are two circumstances        B
    which cannot be disregarded. One is that there was an order of the NCTE-
    though, the NCTE was not right in giving permi'lsion-permitting additional
    students. The NCTE is not a party before the Court and therefore the orders
    of NCTE cannot be set aside. Secondly these extra 80 students have completed
    the two year course and paid the examination fee. The University accepted          C
    the fee from these students and allowed them to take the examination.


-   Though this Court has, almost uniformly been refusing to show any
    concession in favour of students or the institutions, it is felt in the peculiar
    facts of the case and in view of the circumstances, the results could be
    directed to be released. [281-G-H; 282-A-B)
                                                                                       D
         State of Maharashtra v. Vikas Sahebrao Rounda/e, AIR (1992) SC
    1926 and State of Punjab v. Renuka Sing/a, AIR (1994) SC 595, relied on.

          2. It is time that the courts evolve a mechanism for awarding damages to
    the students whose careers are seriously jeopardised by unscrupulous
    management of colleges/schools which indulge in violation of ali rules. [282-G)    E
            CIVIL APPELLATE JURISDICTION : Civil Appeal No. 5029 of
    2000.

         From the Judgment and Order dated 16.8.99 of the Punjab and Haryana
    High Court in C.W.P. No. 9452of1999.                                               F
            Nidesh Gupta and Ms. Minakshi Vij for the Appellant.

            Dr. Meera Agarwal and R.C. Mishra for the Respondent.

            The Judgment of the Court was delivered by                                 G
            M. JAGANNADHA RAO, J. Leave granted.

            This appeal has been preferred by the Maharishi Dayanand University
    against the judgment of the Punjab & Haryana High Court dated 16.8.99 in
    CWP No. 9452 of 1999 allowing the writ petition filed by the 1st respondent        H
     274                      SUPREME COURT REPORTS [2000] SUPP. 3 S.C.R.

A College. The said College is a B.Ed. College affiliated to the appellant University.
           The point in issue in this appeal is as to whether the 1st respondent
     College is right in adding to the Faculty, eight ad hoc Lecturers w.e.f. 1.5.99
     recruited by a selection Committee not consisting of the representatives of
     the University and of the Director of Higher Education and whether the
B    College could claim, on that basis, admission of 80 additional students.

           The following are the facts:

           The NCTE is a statutory body established under the National Council
    of Teacher Education Act, 1993. As per the general instructions issued by
C   NCTE on l.5.97, in regard to B.Ed. Colleges, the student-teacher ratio ought
    to be 1: 10. The 1st respondent College admitted 60 students after recruiting
    6 members in its faculty as regular Lecturers. Those six lecturers were selected
    in accordance with the procedure required. Later on, the NCTE allowed, in its
    general instructions, the Principal/Physical Instructor of the College to be
                                                                                         -
D   treated as a faculty member. On account of this directive, ten more students
    could be admitted. In view of the above, the authorised number of admissions
    of the respondent College stood at 70 students.

           The respondent College wanted to increase the number of its students
     but this required appointment of more lecturers. It then approached the High
E    Court of Punjab & Haryana in CWP 16061/98 to permit intake of students upto
     200 contending that the NCTE could not require it to obtain 'No Objection
    Certificates' from the State Government or the admission agency. In the said         r-
    writ petition, the College did not implead the University or the State of
    Haryana. The High Court, by an order dated 5.11.98, directed NCTE to treat
F   the said CWP as a representation and to consider the questions relating to
    dispensing with the requirement of NOC.

          Much earlier, on 13.6.97, the NCTE wrote to the State Government
    seeking its views on ad hoc appointments. It felt that some times, Lecturers
    posts fell vacant in some Colleges and it became necessary for making adhoc
G   appointments to fill up those vacancies. It, therefore, sought the views of the
    Haryana State. There is no evidence as to the response of the State or of the
    University for this proposal. But, the respondent-College appears to have
    gone ahead on the assumption that the above proposal had been accepted
    by the State and the University.

H          There appears to be some correspondence between the College and
      M.D. UNI. 1•. M.L.R. SARASWATHI COLLEGE OF EDUCATION [M. JAGANNADHA RAO, J.)   275
     NCTE, particularly a letter dated 20.4.99 of the NCTE, Regional Director, Jaipur      A
     to the College on the subject of 'adhoc lecturer's appointment' and we only
          a
      have reply by the College to the said officer ofNCTE, quoting the said letter
     and stating that interviews will take place on 1.5.99 for 'adhoc' appointments
     of Lecturers. On the assumption that the letter dated 13.6.97 of the NCTE,
     which contained only proposals, implied permission for extra adhoc                    B
     appointments, the College appears to have unilaterally selected 10 lecturers
     on an 'adhoc basis' on 1.5.99. Neither the representative of the University nor
     the representative of the Director of Higher Education were present at the said
     selection on 1.5.99. The proceedings of the Selection Committee show only
     the presence of Mr. Ram Kishan Gupta, Ex. MP, the Principal of the College,
     2 Members nominated by the Governing body, and one nominee by the                     C
     Principal. No representative of the University or of the Director of Higher


-    Education were called or were present. The College sent up the list of lecturers
     to the NCTE, including those selected on an adhoc basis on 1.5.99. The
     College took advantage of the order of the High Court dated 5.11.98 that the
     NCTE should consider the request of the College. As already stated, the
     University was not a party to that Writ petition.                                     D
             It is rather surprising that the NCTE, though it had earlier insisted in
     its letter dated 13.6.97 (referred to in the order of the High Court dated 5.11.98)
     that the NOC from the State and University were necessary, it permitted 80
     more students on the basis of the additional 8 ad hoc lecturers selection.
                                                                                           E
            The NCTE wrote to the appellant University on 11.6.99, giving a list of
•.   the Colleges and the number of seats approved. The respondent College was
     at serial No. 10 and the number of seats permitted was shown as 150 rather
     than 70, thus permitting 80 more students proportionate to the eight adhoc
     lecturers recruited.
                                                                                           F
            The University was taken by surprise and its Dean immediately wrote
     to NCTE on 25.6.99 that it (the University) was religiously following the
     guidelines of the NCTE earlier issued (i.e. on 1.5.97) and that additional seats
     could not have been permitted by NCTE "without reference to the University".
     On 30. 7 .99 the NCTE sent the list of teachers as given ~y the College to the        G
     University. The said list included the 10 additional adhoc lecturers recruited
     on 1.5.99. By an~ther letter dated 30.7.99, the NCTE informed the University
     that the permission for additional students was on the basis of the list of ad
     hoc 1ecturers sent up by the College.

           Meantime, on 6.7.99, the College wrote to the University that the NCTE          H
     276                      SUPREME COURT REPORTS [2000] SUPP. 3 S.C.R.

A ·had 'sanctioned' 150 students (70 plus extra 80) for the B.Ed. course for the
     1999- 2000 session. The College requested the University to permit admission
     of 150 students. The University felt that this was not permissible according
     to its statutes/rules because the student strength ~ould not be increased on
     account of addition of adhoc lecturers. It did not therefore grant permission
     for. the extra 80 students.
B
           As the University stood as an obstacle, the College approached the
     High Court by way of a fresh writ Petition, CWP 9452/99. This time it impleaded ·
    the University alone as respondent and not the NCTE. The High Court
    allowed the writ petition under the impugned judgment dated 16.8.99. The
C High Court gave various directions. It was fully conscious that the additional
    lecturers were appointed by the College outside the prescribed procedure and
    contrary to clause 9 of the University Statutes. At the same time, the High
    Court stated that once the NCTE had exercised powers under sections 14, 15
    of the NCTE Act, 1993 and issued orders on 16.8.99 sanctioning 150 students
  · to the respondent College "there was no justification in the action of the
D University in reducing the intake capacity of the College". It therefore _issued
    a direction to the University that it must permit admission of extra 80 students
    and not merely for 70 students for the year 1999-2000 and .these extra 80 seats
    should be allotted within one week subject however to the condition that the         .,
    University could satisfy itself if the 10 adhoc teachers had the required
E qualification. It was stated:
             "Adhoc appointment will not be questioned solely on the ground that
             those were made without approach of the University in terms of
             clause 9 of the statutes of the University."

    The High Court also directed the College to make regular recruitment of
F Lecturers on or before 31.12.99. The adhoc appointees would also be entitled
    to compete for regular selection.

          It is against the judgment that the University had filed this appeal by
    special leave.

G         In this appeal, -we have heard the submission of Mr. Nidesh Gupta for
    the appellant-University and of Mrs. Dr. Meera Aggarwal for the I st respondent
    College.

           The following points arise for consideration:

H          (1) Whether the proposal contained in the letter ofNCTE dated 13.6.97
     M.D. UNI. v. M.L.R. SARASWATHI COLLEGE OF EDUCATION [M. JAGANNADHA RAO, J.]    277
    to the State Government to pennit adhoc appointments of Lecturers without              A
    following due procedure, remained only a proposal or was accepted by the
    State of Haryana or the appellant-University?

          (2) Whether the College could have selected I 0 additional Lecturers,
    'adhoc', without the participation of a representative of the University and
    of the Director of Higher Education, ori 1.5.99?                                       B
          (3) Whether the University could be directed by the High Court to
    sanction admission of the extra 80 students on the basis of the Jetter of the
    NCTE?

          (4) Whether the University could be faulted for not releasing the results        C
    of the examination of these extra 80 students? Whether, results should be
    directed to be released?

          Point 1:

           Reliance was placed for the College on the Jetter of the NCTE to the            D
    Government dated 13.6.97 wherein it was stated that the procedure for selection
    of Lecturers was taking time and proposing adhoc appointments to be made
    till regular staff was selected. But, as pointed out earlier, this remained only
    a proposal. There is no material to say that any such proposal was accepted
    by the State or the appellant-University. The assumption of the College that
(
    the letter permitted ad hoc appointments outside the prescribed procedure,             E
    cannot be accepted. Point I is decided accordingly.

          Points 2 and 3:

           According to the 'Norms and Standards for Teacher Education
    Institutions Secondary', it is clearly stated in para 2.5:                             F
            "The core teaching staff shall be appointed on full time and regular
            basis. Supporting academic administrative and technical staff may be
            appointed on part-time basis in the beginning. Jn all cases properly
            constituted selection Committees as per UGC/University/Government
            rules will select the candidates."                                             G
    In para 3 .1.0 the UGC notification regarding standards, 1990, it is stated:

            "The direct recruitment to the post of Lecturers, ...... in the Universities
            and Colleges shall be made on the basis of merit through all India
            advertisement and selections by the duly constituted Selection                 H
     278                     SUPREME COURT REPORTS (2000) SUPP. 3 S.C.R.

A            Committees. to be set up under the Statutes/Ordinances of the
             concerned University. Such Committees should have a minimum of
             three experts, the head of the concerned department and the Principal
             of the concerned College (in case of selection of College teachers)."

     The guideline 3.3.0 also speak of the qualification and minimum requirement
B of 55%. Para 4.4. l deals with qualification of Lecturers. including Lecturers in
     Education.

          The appellant University has also prescribed qualifications for the posts
    of Lecturers in Colleges/Universities. Para 2 deals with lecturers in College of
    Education.
c
          The procedure for appointment of Lecturers appears to be contained in
    para 9 of the µniversity Statute as appears from the judgment under appeal.

          The appellant University had, in fact, issued directions to all Principals .
    of Colleges on 24.3.99 that vacancies should..be· duly advertised. in two r
                                                                                         \   l
D   National Dailies/Newspapers (one in English & one in Hindi) of which one
    must have national circulation and other, a regional circulation. The applicants
    for the post were to send application to the College with copy to the Dean,
    College Development Council, M.D. University, Rohtak. The Committee would
    consist of nominee of UniversityNice-Chancellor There must be sanction
E   from the department of Higher Education, Haryana and para 4 states:

            "the date of interview should be fixed after consultation with the
            UniversityNice-Chancellor's nominee."

    and para 6 says that:
F           "the proceedings of the Selection Committee may be sent to the
            University immediately after the interview."

    Para 7 says:                                                   0


            "In no case, appointment letter be issued to the candidates thus
G           selected unless the proceedings of the Selection· Committee are
            approved by the University/DHE."

    Para 9 states that:

             "Approvals sought for appointment have to be accompanied also by
H           the sanction of the Director of Higher Education, Haryana."
 M.D. UNI. 1•. M.L.R. SARAS WA THI COLLEGE OF EDUCATION [M. JAGANNADHA RAO, J.]   279
In the light of the above procedure prescribed, the selection dated I .5.99 must        A
be· held to be bad.

       It is also clear to us from the proceedings of the Selection Committee
dated 1.5.99(p.18/n of the Paper Book) that only the Chairman, Principal, two
nominees of the Governing Body and one nominee of the Principal were
present at the selection on l.5.99. Admittedly, no request was even sought              B
from the University to send its representative to be on the Selection Committee.
The prescribed proforma, in fact, required presence of the nominee of the
University and also a nominee of the Director of Higher Education and no
such nominees were present on 1.5.99. It is not also the case of the College
that any advertisement was published for this interview of 1.5.99 in two                C
newspapers as required. At any rate, no such material has been filed. Nor
were the Committee proceedings and list of candidates sent to the University
after the selection was over, as required.

       In fact, the College filed the first WP 16061/98 against NCTE, obtained
the first order on 5. l 1.98 from the High Court to the NCTE to consider its            D
representation. In that writ petition the University was not impleaded. In the
present writ petition, it impleaded the University but not the NCTE.

       Once the selection dated l.5.99 was made - without following procedure
- it wrote directly to the NCTE for permission to increase its strength and             E
ignored the University altogether. The NCTE, on the basis of the addition of
adhoc lecturers, sanctioned 80 seats extra and sent its decision to the University
on l l .6.99. It was only then that the University came to know about the fait
accompli and wrote on 25.6.99 to the NCTE and on 3 l.8.99 to the College that
the whole selection was contrary to the prescribed procedure.
                                                                                        F
      In fact, there is also clear documentary evidence to show that the
Principal was pressurised to collect extra amounts of fees from the students
by management, that the students protested, that the Principal informed
higher authorities and for that reason, she was removed. She went to Court
and succeeded in a writ petition and re-joined the College on 2.9.99.
                                                                                        G
      Once the University did not grant permission for the admission of the
additional 80 studeqts (ov.er and above the sanction number of 70 students),
the respondent-College, which had no choice, tried to get over the problem
by filing a writ petition. The High Court passed the impugned judgment on
16.8.89 directing the University to grant approval for admission of 80 students.        H
     280                      SUPREME COURT REPORTS (2000] SUPP. 3 S.C.R.

A          The High Court, in our view, was in error in allowing increase in the
    admission of 80 students by assuming that the adhoc selection of teachers
    dated 1.5.99 was sufficient to permit increase into students. The selection of
    these adhoc Lecturers - addition to the existing regular staff - was done,
    without proper advertisement, without the candidates sending copies of
B   application to the University, and without the participation of the nominees
    of the University and the Director of Higher Education. No list of such
    selected staff was sent by the College to the University as required. If we may
    say so, it was a selection in total violation of the procedure. The University
    was kept in dark till after permission was obtained from the NCTE for admission
    of extra 80 students. The College reversed the entire process by first going
C   to the NCTE and then to the University. The selection of the adhoc lecturers
    in our view cannot enable the College to compel the University to permit
    admission of these 80 students.

           Though NCTE is not before us, we are constrained to observe that the·
    NCTE ought to have verified from the University whether the University had
D   received applications of the candidates who had applied for selection on
    1.5.99, whether a date for interviews was fixed in consultation with the
    University and whether the nominee of the University or the DHE participated
    in the selection and whether the College had informed the University after the
    selection. Apart from this the question regarding the satisfaction of the other
E   infrastructural facilities also appears to have eluded the attention of the
    NCTE. The NCTE allowed itself to be misled by the College.

           We are, therefore, clearly of the view that the selection of adhoc teachers
    on 1.5.99 was illegal and the College could not seek extra students on basis
    of extra adhoc teachers and without satisfying the norms relating to the other
F   infrastructural facilities too. The High Court's direction is, contrary to the
    guidelines of the NCTE, procedure in clause 9 of the University Statute.
    Points 2 and 3 are decided accordingly.

    Point 4:

G         During the· pendency of this appeal, the College has sought release of
    the result of examination of these 80 students. We are conscious that the

                                                           .
    students who have undergone this course are not before us .

          This Court has laid down in several cases, that the Courts cannot issue
H   directions contrary to the rules.
 M.D. UNI.,,_ M.L.R. SARASWATHI COLLEGE OF EDUCATION [M. JAGANNADHA RAO, J.)   281
      In State of Maharashtra v. Vikas Sahebrao Rounda/e, AIR (1992) SC              A
1926), while dealing with certain directions issued by the Bombay High Court,
this Court observed:

            "The directions to the appellants to disobey the law in subversive
        of the rule of law, a breeding ground for corruption and feeding
        source for indiscipline. The High Court, therefore, committed manifest       B
        error in law, in exercising its prerogative power conferred under Article
        226 of the Constitution, directing the appellants to pennit the students
        to appear for the examination etc."

     Again, in State of Punjab v. Renuka Sing/a, AIR (1994) SC 595, this
Court observed:                                                                      C
            "The High Court or Supreme Court cannot be generous or liberal
        in issuing such directions which in substance amount to directing the
        authorities concerned to violate their own statutory rules and
        regulations, in respect of admissions of students ..... The High Court       D
        cannot disturb the balance between the capacity of the institutions
        and number of admissions, on 'compassionate ground'. The High
        Court should be conscious of the fact that in this process they are
        affecting the education of the students ..... ".

       More often, as pointed in the above judgments, Colleges or schools            E
which violate the rules, either plead for the students or set up the students
to file cases in the Courts in the belief that the courts can be persuaded to
grant orders to jump over the rules. This tendency has been on the increase.
Commercialisation of education is the reason. This Court has been insisting
on discipline and obedience to rules. Where even the High Courts have been
granting orders in favour of the institutions/students, this Court has been          F
setting aside those orders.

     The question is whether, on the facts of this case, the results of the
examination can be directed to be released?
                                                                                     G
      In the nonnal course, the answer could only be that the results cannot
be allowed to be released. But there are, in our opinion, two circumstances
which cannot, however, be disregarded. One is that there was an order of the
NCTE -though, as stated above, the NCTE was not right in giving pennission
- permitting additional students. Unfortunately, the NCTE is not a party before
us and therefore we are not able to set aside its orders. Secondly, these extra      H.
     282                      SUPREME COURT REPORTS {2000] SUPP. 3 S.C.R.

A    80 students have completed the two year course, and paid the examination
     fee. The University which is the appellant before us has accepted the fee from
     these students and allowed them to take the examination. Question is whether,
     in such circumstances, we sh.ould permit the University not to release the
     results?

B         Though this Court has, almost uniformly been refusing to show any
    concession in favour of students or the institutions, we have felt in the
    peculiar facts of the case and in view of the circumstances mentioned above,
    the results could be directed to be. released.

           We may point out that by an order passed on 16.8.2000 this Court
C   restrained the College from making any extra admission for the year 2000-2001.
    Counsel invited our attention to the various subsequent proceedings of the
    Selection Committee for regular selection of lecturers. We do not want to go
    into the said selection. Learned counsel for the University argued that even
    the latter regular selection dated 23.4.2000 was made by the College in haste,
D   without giving adequate time to the University to send its representative and
    that the College sent a letter to the University on 8.4.2000 deliberately fixing
    10.4.2000 as the date of selection and that it conveniently went ahead with
    the selection without a nominee from the University on the selection
    Committee. We do not want to go into the validity of this latter selection.

E          We however direct the College not to admit any extra students beyond
     70 unless there is a proper regular selection qf lectured by a Committee in
    which the nominee of the University and of the DHE are present and unless
    the University also approves such appointments and grants permission, of
    course after verifying about the other infrastructural facilities required to
F   justify any further increase of the student strength.

           So far as the 80 students of 1999-2000 are concerned, in view of the
    above circumstances referred to above, we direct the University that their
    results be released.

G          It is time that the courts evolve a mechani.sm for awarding damages to
    the students whose careers are seriously jeopardised by unscrupulous
    management of colleges/schools which indulge in violation of all rules. This
    is not the occasion to go deep into that aspect but one day it has to be done.

         With these remarks, we allow the appeal, set aside the judgment of the
H   High Court, direct result of the examination in B.Ed. to be released, we restrain
      M.D. UNI. v. M.L.R. SARASWATHI COLLEGE OF EDUCATION [M. JAGANNADHA RAO, J.] 283

     the College from admitting the extra students beyond 70 unless regular selection   A
     of lecturers is made in accordance with prescribed procedure and accepted
     by the University and unless the University permits extra students to be
     admitted. The Appeal is disposed of accordingly. No costs.

     B.S.                                                          Appeal allowed.




•
..
 ,


Search Indian case law

Ask in plain English, not just keywords. 25,000 AI words free, no card.

Try "National Council of Teacher Education Act"Sign in to search

For a digitally signed copy suitable for filing, refer to the court's own website. Only the court can issue one.