Srinagar: The J&K High Court on Thursday prohibited private colleges from offering admissions on their own when they are already affiliated with a university for the same.
The court held that any admission made in violation of the University Statute would not be binding on the University and that the University would be under no obligation to regularize/ confirm such admission.
Justice Ali Mohammad Magrey while passing Judgement in a plea filed by B.Ed candidates who had pursued the course through private colleges without following the due procedure prescribed by the University of Kashmir said that in terms of the Statute in vogue in the Respondent-University, a B. Ed College affiliated with the Respondent- University is prohibited from making admission to B.Ed course on its own.
“It thus, follows that any admission made in violation of the University Statutes would not be binding on the University and that the University would be under no obligation to regularize/ confirm such admission,” Justice Magrey said.
The court recorded that once the petitioners did not follow this procedure for seeking admission to the B.Ed course and purportedly sought admission from the colleges on their own, the respondent-University is under no obligation to regularize/ confirm such admission.
It was pointed out by the court that the educational institutions, after admitting the students in wilful disregard of the University Statute, often make an effort to get the irregularities condoned in the name of academic interest of the students admitted in violation of the University Statutes.
“The erring educational institutions try to give the controversy the colour and complexion of an emotional issue and argue that the students, though enrolled in violation of University Statutes, should not be exposed to any penalty for the wrong committed by the institution,” the judge said.
Justice Magrey noted that the courts often fall prey to such persuasion made by the educational institutions and permit something that is not permissible under the Statutes. Such practices have been deprecated by the Supreme Court in a catena of judgements, the court said.
The court also recorded that in case titled Divya College of Education vs State of JK & Ors, the coordinate bench of the High Court was of the view that any admission made in violation of the University Statute would not be binding on the University and that the University would be under no obligation to regularize/ confirm such admission.
The court said, “It is abundantly clear that any direction to the Respondent University to regularize the admission of the Petitioners in violation of the University Statute would be impermissible and not in tune with the principles that must guide exercise of Writ jurisdiction,” Justice Magrey said.
“That being so, I do not find any merit in these Petitions which shall, accordingly, stand dismissed along with all connected CMs. Interim directions, if any, subsisting as on date in any of the connected Petitions, shall stand vacated. This order, however, shall not preclude the Petitioners to approach the Court of competent jurisdiction for seeking damages against the Colleges concerned in accordance with the law,” the court directed.

NUSRAT SIDIQ