PIL on mushrooming of B.Ed colleges
DB directs, State to constitute committees for report on colleges JAMMU, Mar 16 (JNF) : Division Bench of the State High Court Jammu Wing comprising Chief Justice BA Khan and Justice YP Nargotra today in a PIL filed against mushroom growth of B.Ed Colleges directed state to constitute committee/ committees comprising one each member from UGC, University, One from the teaching and educationist which after considering the requirements from the colleges submit their reports.
The Division Bench in jam-packed Court room after hearing Senior Advocates DC Raina, ZA Shah, MA Goni, SS Lehar, UK Jalali and Additional Advocate General BS Salathia, Advocates Sunil Sethi, RS Thakur, Vikram Singh, HC Jalmeria, Surinder Kour, Vipin Gandotra, RS Pathania, DS Chouhan, FA Natnoo and KS Johal, dictated the order in the open Court.
The Court took serious note of the irregularities committed by the government for establishing a college.
In an affidavit filed by Commissioner/ Secretary Higher Education in it was stated that a high power committee comprising various experts from within and out side the State has been constituted to rationalize and regulate the private B.Ed Colleges in the state.
The committee will inspect all the existing colleges and formal permissions under the act shall be granted to the colleges satisfying the conditions and requirements under law.
The counsel appearing for the existing colleges submitted that procedures were followed only nomenclature of permission was changed to NoC as colleges were inspected by the University.
However, the Court rejected the contention of Advocate saying that mechanism which is not established and supported by law cannot be held to be a valid procedure as such NoC cannot substitute a formal prior permission to establish private college as required under the act.
The Advocates appearing for the colleges who were awaiting permissions have submitted that these colleges completed with the requirements should also be considered by the High power committee.
However, the DB deferred their consideration till next date or till interim report is received from the Committee so constituted by the government.
Counsel appearing for the students submitted that students are the worst sufferers as they have been admitted by the University and had deposited their fee, in case the Court clarifies that the colleges satisfying the requirements under act shall be permitted to run classes, the students will be safeguarded.
However, the DB while rejecting the submission of the counsel appearing for the students observed that till the report of the committee is received and considered by this Court as prima-facie it appears that the establishment of the colleges is in contravention to the provisions of the Act governing establishment and regularization of the private colleges in the state.
The court also considered various points and ordered to list the case after ten days.
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