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High Court of Jammu and Kashmir · body

2025 DAILYLAW 13050 (JK)

BHARTIYA COLLEGE OF EDUCATION TH MADHU SHARMA v. UNION OF INDIA TH SECRETARY, MINISTRY OF EDUCATION, NEW DELHI AND OTHERS

WP(C)/2920/2025 · 2025-10-17

Sanjay Dhar

body2025

Judgment text

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HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU WP (C) No. 2920/2025 CM No. 6701/2025 Bhartiya College of Education Th. Madhu Sharma …..Appellant(s)/petitioner(s) Through: Mr. M K Bhardwaj, Sr. Advocate with Mr. Gagan Kohli, Advocate Vs UOI and others .…. Respondents Through: Mr. Anishwar Chatterji Koul, Advocate CORAM: HON’BLE MR. JUSTICE SANJAY DHAR, JUDGE ORDER 17.10.2025 1. Through the medium of present writ petition, the petitioner has challenged order dated 03.03.2025 issued by the Respondent No. 4- Regional Director to the extent, it has reduced intake capacity of petitioner-College from 150 students to 100 students for Bachelor of Education Degree (B.Ed). 2. It has been submitted by the learned Senior counsel appearing for the petitioner that pursuant to public notice issued by National Council for Teachers Education (NCTE) on 28.01.2020 after the coming into force of Jammu & Kashmir Reorganization Act 2019, the petitioner college had submitted its application form clearly indicating therein that approved intake capacity for Bachelor of Education Course was 150, but the respondents while issuing the impugned recognition order in favour of the petitioner has reduced the intake capacity of the College in respect of Bachelor of Sr. No. 173 WP (C) No. 2920/2025 CM No. 6701/2025 Education Degree to 100 students. According to the learned Senior counsel reductioin of intake capacity is working harshly against the petitioner-College as it has incurred expenses in developing infrastructure and faculty for 150 students, which has been acknowledged by the respondents in para (4) of the impugned order itself. It has been further submitted that in similar circumstances the respondents have, on the basis of representation made by Dronacharya College of Education, Shahpur, Rait, Kangra, H.P, revised the intake capacity of the said college in terms of order dated 05.06.2015. 3. Learned Senior counsel for the petitioner has submitted that the petitioner would feel satisfied if the respondents would consider its representation made in this regard on 14.10.2025, in accordance with law and pass a revised recognition order, so as to increase the intake capacity of Bachelor of Education Degree students to 150. 4. Having regard to the submission made, the writ petition is disposed of with a direction to the respondents to decide the representation dated 14.10.2025 stated to have been made by petitioner in accordance with law in the light of the contentions raised by the petitioner in the present writ petition and keeping in view the treatment given to Dronacharya College of Education, Shahpur, Rait, Kangra, H. P, vide order dated 06.06.2015. Before taking a decision in the matter the respondents shall afford an opportunity of hearing to the petitioners through its authorized representative. The decision shall be taken by the respondents WP (C) No. 2920/2025 CM No. 6701/2025 within a period of one month from the date a copy of this order is made available to the respondents. (SANJAY DHAR) JUDGE JAMMU 17.10.2025 Mahavir