Siksha Bikash Seba Foundation B.Ed. College And ANR v. State Of West Bengal And ORS.
07.03.2024 89-95,77,88 Ct. No.238 S.A.
WPA 23630 of 2023 Kultikri Teacher Training Institute of Higher studies -vsThe State of West Bengal & Ors.
with WPA 1040 of 2024 with WPA 1428 of 2024 with WPA 2184 of 2024 with RVW 12 of 2024 in WPA 28610 of 2023 + CAN 1 of 2024 with WPA 2186 of 2024 with WPA 4866 of 2024 with WPA 5271 of 2024 with WPA 6540 of 2024 Ms. Sumita Shaw Mr. Soumen Chatterjee ...for the petitioner in WPA 23630 of 2023 Mr. Loknath Chatterjee Mr. Sagnik Roy Choudhury ... for the petitioner in WPA 1040 of 2024 Mr. Srijib Chakraborty Mr. Aditya Mondal ... for the petitioners in WPA 1428 of 2024 & WPA 2184 of 2024 Mr. Puspal Chakraborty Ms. Srijita Nath ... for the petitioner in RVW 12 of 2024 in WPA 28610 of 2023 Mr. Abratosh Ghosh Mr. Puspal Chakraborty Mr. Saumyadeep Sarkar .... for the petitioner in WPA 2186 of 2024 Mr. Puspal Chakraborty Mr. Prisank Ganguly ... for the petitioner in WPA 4866 of 2024
Mr. Soumen Chatterjee ... for the petitioner in WPA 5271 of 2024 Ms. Piyu Mandal ... for the petitioner in WPA 6540 of 2024 Mr. Biswabrata Basu Mallick Mr. Biman Halder ...for the State in WPA 23630 of 2023 Mr. Arindam Ghosh ...for the State in WPA 4866 of 2024 Mr. Anil Kumar Gupta Mr. Yogesh Kumar Sharma ...for the UGC in WPA 23630 of 2023 Mr. Joydip Kar Mr.Amitabrata Roy Mr. Arkodipta Sengupta ...for the University In view of the shared facts and the legal issues, all these writ petitions are taken up for hearing together and disposed of by this common order. All these writ petitions relate to affiliation of B.Ed. colleges and admission of students. This court was approached in view of the denial by the University to grant affiliation to the colleges for the academic session 2023-2024. Subsequently, they were granted affiliation upon compliance of the required formalities as desired by the University.
Despite affiliation being granted, the colleges could not fill up all the seats since the last date of admission was 30th October, 2023, and the entire process of admission was scheduled to be completed within 4th November, 2023.
In WPA No. 23630 of 2023 on January 17, 2024 this court passed the following order :-
"In course of hearing of the case, it transpired that about 400 B.Ed. Collegles have been given affiliation after the last date of admission. The university submits that there is a reserve of nearly about 3000 students, who can be accommodated in the aforesaid B.Ed. Colleges by way of a second counselling.
Since the number of reserve students is not sufficient enough to fill up the full strength of the aforesaid B.Ed. Colleges, it has been submitted by the petitioner that the last date of admission i.e. November 4, 2023 should be extended by the State so as to allow further admission by the Colleges. Mr. Biswabrata Basu Mallick, learned advocate appearing for the State seeks time to respond. List this matter on January 29, 2024, under the same heading."
Ultimately, the State by a letter dated February 15, 2024 instructed Mr. Biswabrata Basu Mallick, learned advocate, appearing for the State, as follows:- "I am directed to say that in compliance with the solemn direction dated 29.01.2024 in above mentioned case and upon perusal of representation of colleges, the Department of Higher Education has no objection in favour of relaxation of last date of admission (04.11.2023) as mentioned in notification No. 372-Edn (CS) dated 08.06.2023 of the Department
of Higher Education subject to fulfilment of conditions as specified by the Baba Saheb Ambedkar Education University vide ref. No. BSAEU/RO/80/2024 dated 10.02.2024 (copy enclosed) and guidelines issued by NCTE from time to time."
In view of the aforesaid clarifications given by the State, I am of the view that all the affiliated colleges shall be given a further opportunity to admit students to fill up the vacant seats for the academic session 2023-2024.
Accordingly, I dispose all these writ petitions with the following directions :- Giving a seven days' notice from today, the University shall reopen the portal to admit fresh students as also the students who had already applied online for the academic session 2023-2024. The University shall include the names of the affiliated colleges in the seat matrix and keep the portal open for 72 hours to conduct a further round of counselling for such admission.
Every college shall furnish an undertaking before the University that they will conduct the additional classes so that regulation of National Council for Teachers' Education requiring classes to be conducted at least for hundred days in one semester is completed with.
Such undertaking shall be furnished within 72 hours from date. This order is applicable to the colleges who have already been granted affiliation. Needless to mention that if any of the conditions for the affiliation has not been fulfilled by any college, the University will be at liberty to take appropriate steps as it deem fit and proper, regardless of the direction passed in this order.
Accordingly, WPA 23630 of 2023, WPA 1040 of 2024, WPA 1428 of 2024, WPA 2184 of 2024, RVW 12 of 2024 in WPA 28610 of 2023, WPA 2186 of 2024, WPA 4866 of 2024, WPA 5271 of 2024, WPA 6540 of 2024 are disposed of.
(Kausik Chanda, J.)