VNS COLLEGE OF PHYSICAL EDUCATION AND MANAGEMENT STUDIES AND OTHERSversusSTATE OF MADHYA PRADESH AND ORS.

                       [2015] 12 S.C.R. 806


A       VNS COLLEGE OF PHYSICAL EDUCATION AND
           MANAGEMENT STUDIES AND OTHERS
                                 v.
            STATE OF MADHYA PRADESH AND ORS.
B                (Civil Appeal No. 13353 of 2015)
                       NOVEMBER 6, 2015
              [M. Y. EQBAL AND C. NAGAPPAN, J.]
c        Education I Educational Institutions -Admissions - In
  Private Recognized institutions- To the courses of B.Ed. -
  By conducting college level counseling and admit students
  possessing minimum eligible mark - On the seats lying
  vacant after the admission on counseling by the State from
D among the candidates who appeared in the entrance
  examination conducted by Vyapam - Permissibility- Held:
  Under the Guidelines for admission framed by the state,
  counseling was permissible after online registration only to
  those students who had participated in the entrance exam
E conducted by Vyapam -Against the total seats of 53, 865 in
  the State of Madhya Pradesh, counseling of 63,406
  candidates (all the candidates who participated in the
  Vyapam examination), was conducted- Despite four rounds
  of counseling by the State, vacancy of 50% seats shows that
F the candidates are not interested in getting admission in those
  colleges - Thus, in view of the above facts, the appellants I
  petitioners colleges cannot be allowed to conduct a college
  level counseling and admit students, who have not appeared
  in the entrance exam - Appeals dismissed.
G
        CIVIL APPELLATE JURISDICTION : CivilAppeal No.
    13353 of 2015

         From the Judgment and order dated 23.07.2015 of the
H                               806
 VNS COLLEGE OF PHYSICAL EDUCATION AND MGT.                          807
          STUDIES v. STATE OF M. P.

High Court of Madhya Pradesh Principal Bench at Jabalpur in . A
Writ Petition (C) No. 11069 of2015

                             WITH

     W. P. (C) No. 674of2015 &
                                                                     B
     C.A. Nos. 13355-13357of2015

    Vikas Singh, Sr.Advocate, Ravi Kant, Mayank Manish,
Chandra Prakash, Advocates, for the Appellants.
                                                                     c
     Arjun Garg, Manish Yadav,Advs., for the Respondents.

     The Judgment of the Court was delivered by

     M. Y. EQBAL, J. 1. Leave granted.
                                                                     D
     2. Heard Mr. Vikas Singh, learned senior counsel
appearing for the appellants I writ petitioner and Mr. Arjun Garg,
learned counsel appearing for the respondents.

      3. In all these applications the appellants/petitioner, E
private recognized institutions are aggrieved by the impugned
orders passed by the High Court of Madhya Pradesh refusing
to pass an interim order directing these institutions for
conducting counseling and admission to the students
possessing minimum eligible marks. In other words, these F
appellants/petitioner seek permission to conduct college level
counseling to fill up the left over vacant seats. The grievance
of the appellants/petitioner is that because of the alleged
arbitrary decision of Higher Education Department seats in
these institutions have been left vacant.                       G

     4. It appears that by the impugned decision taken by the
Department of Higher Education, admission to students have
been restricted to only those students who have appeared in
the entrance examination conducted by Vyapam and is not H
808       SUPREME COURT REPORTS                   [2015] 12 S.C.R.


A open for all students possessing the minimum eligibility marks
  from the qualifying examination and also opposed the request
  for college level counseling.

           5. The contention of the appellants I petitioner are that
B the counseling by the respondent Department is being
   conducted in complete derogation of various mandatory
   provisions of Admission Rules 2008 framed by the State
   Government itself under the provisions of Madhya Pradesh
   Niji Vyavsayik Shakshan Sansthan Adhiniyam 2007 where
C under it is provided that if after two rounds of counseling, the
   seats are left vacant in the private unaided colleges then the
   admission process would be open for all the students having
   minimum eligibility criteria and having minimum marks in the
 · qualifying examination. It is pleaded that it further provides
D that "College level counseling" shall also be permitted to be
   carried out by the concerned college itself for filling its vacant
   seats.

           6. It has further been contented by the appellants that
E despite almost more than 50% seats are lying vacant in their
  institutions, the respondent authorities have till date restricted
  the admissions to only those students who have appeared in
  the entrance examination conducted by Vyapam and not
  opened for all students possessing the minimum eligibility
F marks from the qualifying examination and have also proposed
  no program for college level counseling. Although respondent
  aut11orities have conducted almost three round of counseling,
  the seats are lying vacant in their institutions. Our attention was
  drawn to the decision dated 26.09.2014 of this Court passed
G in Civil Appeal No. 5914 of2011 and concerned writ petitions
  and pleaded that this Court had directed the State Government
  of Uttar Pradesh to conduct the Counseling and allot students
  to the vacant seats.

H          7. The contention of the respondent-State of Madhya
  VNS COLLEGE OF PHYSICAL EDUCATION AND MGT.                          809
     STUDIES v. STATE OF M. P. [M. Y EQBAL, J.]

Pradesh is that the State Government has issued circular for          A
counseling for admission in 8.Ed., M.Ed. etc. courses in private
institutions. The entrance examination for such examination
is conducted by the Professional Examination Board. For the
acad em ic session 2015-2016, 63406 students participated
in the examination conducted by Vyapam. It has been further           B
submitted that under the Guidelines for admission framed by
the State, an online registration is compulsory for all students
who desired to participate in the counseling which was to be
conducted ~fter the entrance test. The Registration for first
round counseling was held from 18.5.2015 to 28.5.2015 and             C
three rounds of counseling were completed between 9.6.2015
to 29.6.2015. Thereafter, additional round of counseling was
also conducted in July, 2015, for which all students were
allowed I permitted to get the on line registration subject to the    D
only condition that they have participated in the entrance
examination. According to the respondents, against total
seats of 53,865 in the State of Madhya Pradesh for B.Ed.
course, 63,406 students were allowed online registration.
Despite four rounds of counseling, seats in the appellant             E
colleges are remaining vacant, which means that the students
are not interested in getting admission in these colleges. It
has been further submitted that the entire pool of students who
had participated in tlie Vyapam examination has been
exhausted, and as such, no further counseling can be permitted        F
now.

       8. In the background of all these facts, we do not find
any reason to grant any interim relief to the appellants I petitioner
to conduct a college level counseling and admit the students G
who have not even appeared in the entrance test. These
applications are, therefore, dismissed.

Kal_pana K. Tripathy                             Appeals dismissed.


                                                                      H