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| DB dismisses petitions of ETT Colleges seeking regularization of 'illegal admissions' | | | Jammu, Mar 18: Division Bench of State High Court Comprising Chief Justice MM Kumar and Justice Hasnain Massodi dismissed the petition filed by four ETT institutes seeking permission for illegal admissions made by them to be legitimized.
The Bhartiya College of Education Research and Training, Udhampur, Alpine Teacher Training Institute, Udhampur, New Age Institute of ETT, Phinter Billawar and Dogra Cultural and Education Trust, Kathua have sought permission for illegal admissions made by them to be legitimized.
After referring various judgments of the Apex Court and High Courts, Division Bench observed that background failure on the part of the respondents to adhere to schedule notified by the respondent Board at the initial stage as also on 4.9.2010 cannot be condoned and illegal admissions made legitimized and do not find any merit in the writ petitions on hand, and the petitioners are not entitled to indulgence under Article 226 Constitution of India read with Section 103 Constitution of J&K. with these observations Court dismissed the petitions.
Judgment written by Justice Hasnain Massodi for the Division Bench and announced by Chief Justice MM Kumar for the Division Bench observed that The argument that in case of a few institutions including petitioners in writ petitions out of hundreds of private ETT Institutions across the State, the "requisite documents" have been received after the cutoff date i.e. 15.09.2010 and the petitioners deserve to be given a same treatment, is of no help to the petitioners.
In the first place, there is nothing on the record to suggest that such a course has been followed by the Board in case of any other institutions. Secondly, even if it is assumed that such treatment has been given, and the Board violated Notification dated 04.09.2010 in any case then the petitioners cannot claim parity with an illegality. In case Board has shown some favour in case of few institutions, the legally permissible course would be not to perpetuate the illegality but to proceed against the erring officials of the Board on the charge of having conferred illegal benefit on such institutions. No mandamus would issue by the Courts to enforce an illegality. It is pertinent to point out that conferment of illegal benefit amounts to misconduct within the meaning of Section 5 J&K Prevention of Corruption Act, Svt. 2006 (1949 A.D.) and is punishable under law. Furthermore, such claim would lead to similar claims by other private institutions and perpetuate illegality. To similar claims by other private institutions and perpetuate illegality.
The four above mentioned private institutions engaged in conducting Elementary Teachers Training Course (ETTC for short), that Jammu and Kashmir State Board of School Education and its functionaries in the petition, refuse to accept Admission Forms, Examination Forms and Registration Returns (RRs) from the Petitioner Institutions, of the students admitted by the institutions for the academic Sessions 2008-2010 and deny the students permission to appear in examination conducted by the Board. To understand the controversy, it would be appropriate to have an overview of the case set up by the petitioners and the stand taken by the other side in opposition to the writ petitions. On the other hand BOSE in all the petitions issued Admission Notice sometime in January, 2009 signifying its intention to commence admission process for first year of 2008-2010 two years ETT Course, in non-governmental institutions with effect from 21.01.2009. The private institutions conducting the training course were required to submit their applications in Form I, through registered/speed post. The last date of receipt of applications was fixed as 24.02.2009. The Institutions were to make admission on their own and only submit requisite information e.g. Admission Forms, Examination Forms, Registration Returns and connected documents (hereinafter "requisite documents") of the candidates admitted, with necessary fee, so as to enable the Board to verify eligibility of the candidates admitted. (JNF) |
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