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High Court of Himachal Pradesh · body

2025 DAILYLAW 6642 (HP)

DRONACHARYA COLLEGE OF EDUCATION v. HIMACHAL PRADESH UNIVERSITY

CWP/2173/2025 · 2025-08-28

Ajay Mohan Goel

body2025

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CWP No. 2173 of 2025 Decided on 28th August 2025 Dronacharya College of Education, Rait Kangra, H.P. …Petitioner Versus Himachal Pradesh University …Respondents Coram Hon’ble Mr. Justice Ajay Mohan Goel, Judge 1Whether approved for reporting? For the petitioner: Mr. S.D. Gill, Advocate. For the respondent: Ms. Seema K. Guleria, Advocate, vice Ms. Archana Dutt, Advocate. Ajay Mohan Goel, Judge (Oral) By way of this writ petition, the petitioner has prayed for the following relief:- “It is therefore, respectfully prayed that present petition may kindly be allowed and an appropriate order, writ or direction may kindly be passed in the favour of the petitioner and against the respondent, it is prayed that Annexure P-5 may kindly be declared null and void and the same may kindly be ordered to be quashed keeping in view the facts and circumstances stated herein before, it is further prayed that the students who have been given admission in B.Ed Course from management Quota as per list Annexure P-2 may kindly be add in the college portal of Himachal Pradesh University and they may further be allowed to sit or appear in the examination to be held from 21.02.2025 which would save the future of the students.” 2 2. When this case was listed on 26.08.2025, Court passed the following order:- “When this case was listed on 22.08.2025, the following order was passed:- By way of this petition, the petitioner has approached this Court, praying for issuance of a writ of mandamus to the respondent to regularize the admission of certain candidates who have been admitted by it against the management quota, on the ground that the intimation of the admission of the said candidate purportedly could not be uploaded on the portal of the respondent-University as there were internet issues in the petitioner-Institution on the last day on which the necessary information was to be uploaded on the portal of the University. On the other hand, learned counsel for the respondent-University states that the contention raised is just a concocted version for the reason that nothing prevented the petitioners to have had brought this fact immediately into the notice of the University, however, it was only in the month of December, 2024, that the intimation of the admission of such candidates was given to the University by the Institution. Having heard learned counsel for the parties, this Court is prima facie of the view that it is not only a case wherein candidates have been admitted by the petitioner- Institution against management quota in violation of the norms as to how a candidate is to be admitted against such quota but the careers of the children have also been put at stake by the petitioner- Institution. Therefore, in case, the petitioner-Institution seeks any indulgence from the Court, it should inform the Court as to whether it is willing to pay cost of Rs.5,00,000/-. List on 25.08.2025, as prayed for.” Today, Mr. S.D. Gill, learned counsel for the petitioner submits that the petitioner-institute is willing to deposit the said cost in case the University regularizes the admission of the 16 students, who were admitted by the petitioner-institute without counseling. 3 Learned counsel for the respondent-University to have instructions that, in case, part of the cost is ordered to be deposited with the University then, whether the University can legalise the admissions of the students or not. It is made clear at this stage that the cost that will be paid by the petitioner-institute shall be paid from its own corpus and neither these 16 students nor any other students shall be burdened with the payment of this cost either directly or indirectly. List on 28.08.2025.” 3. Today, learned counsel for the respondent- University has handed over instructions received from Registrar, H.P. University dated 27.08.2025, which are taken on record, which read as under:- “Sub: Regarding submission of instructions on CWP No.2173 of 2025. Respected Madam, With reference to the above subject and as per the direction of the Hon'ble High Court on dated: 26/08/2025, it is hereby informed that these admissions of 16 students done by the petitioner college under Management Seat Quota, has not been made as per the Schedule of counselling under Management Seat Quota issued by H.P. University. In case the admission of 16 students, who were admitted by the petitioner Institute without counselling, are regularized by University with cost, it will set a wrong precedence. However, the H.P. University will abide by the decision of the Hon'ble High Court in this matter.” 4. In the light of the instructions that have been imparted by the University, this Court is of the considered view that in the interest of the students concerned, it would be 4 desirable in case the admission of said 16 students is regularized by the University. 5. This Court is clarifying that it is not condoning the act of the petitioner-institution, but is passing this order so that the future of the 16 students is not jeopardized. 6. Accordingly, the writ petition is disposed of with the direction that in the event of the petitioner depositing an amount of Rs.3 lac with the Registrar, Himachal Pradesh University and an amount of Rs.2 lac with the Chief Minister Disaster Relief Fund in Bank Account No.42088576875 (IFSC Code SBIN0050204) Branch Chhota Shimla (East) H.P., on or before 5th September, 2025, the University shall regularize the admissions of 16 students as a one-time measure, without treating the same as a precedent. However, in case the petitioner fails to deposit the total cost of Rs.5 lac in terms of the direction passed by this Court, the order that has been passed by the Court today shall loose its force and the writ petition shall be construed to have been dismissed. Petitioner is further direction to ensure that in future, no admissions are made under any quota, except strictly in terms of the 5 counseling conducted by the University concerned or any other mode adopted by the University to admit/sponsor the students. Pending miscellaneous application, if any, also stand disposed of. (Ajay Mohan Goel) Judge August 28, 2025 (Vinod)