w w w . L a w y e r S e r v i c e s . i n



VNS College of Physical Education & Management Studies & Others v/s State of Madhya Pradesh & Others


Company & Directors' Information:- K-EDUCATION PRIVATE LIMITED [Active] CIN = U80301MH2014PTC256056

Company & Directors' Information:- P H EDUCATION PRIVATE LIMITED [Under Process of Striking Off] CIN = U80211DL2008PTC177735

    Civil Appeal No. 13353 of 2015 (Arising out of SLP(C)No. 26311 of 2015) with Writ Petition (C) No. 674 of 2015 Civil Appeal Nos. 13355-13357 of 2015 (Arising out of SLP (C) Nos. 28803-28805 of 2015)

    Decided On, 06 November 2015

    At, Supreme Court of India

    By, THE HONOURABLE MR. JUSTICE M.Y. EQBAL & THE HONOURABLE MR. JUSTICE C. NAGAPPAN

   



Judgment Text

M.Y. Eqbal, J.

Leave granted.

2. Heard Mr. Vikas Singh, learned senior counsel appearing for the appellants/writ petitioner and Mr. Arjun Garg, learned counsel appearing for the respondents.

3. In all these applications the appellants/petitioner, private recognized institutions are aggrieved by the impugned orders passed by the High Court of Madhya Pradesh refusing to pass an interim order directing these institutions for conducting counseling and admission to the students possessing minimum eligible marks. In other words, these appellants/petitioner seek permission to conduct college level counseling to fill up the left over vacant seats. The grievance of the appellants/petitioner is that because of the alleged arbitrary decision of Higher Education Department seats in these institutions have been left vacant.

4. It appears that by the impugned decision taken by the Department of Higher Education, admission to students have been restricted to only those students who have appeared in the entrance examination conducted by Vyapam and is not open for all students possessing the minimum eligibility marks from the qualifying examination and also opposed the request for college level counseling.

5. The contention of the appellants/petitioner are that the counseling by the respondent Department is being conducted in complete derogation of various mandatory provisions of Admission Rules 2008 framed by the State Government itself under the provisions of Madhya Pradesh Niji Vyavsayik Shikshan Santhan Adhiniyam 2007 where under it is provided that if after two rounds of counseling, the seats are left vacant in the private unaided colleges then the admission process would be open for all the students having minimum eligibility criteria and having minimum marks in the qualifying examination. It is pleaded that it further provides that 'College level counseling' shall also be permitted to be carried out by the concerned college itself for filling its vacant seats.

6. It has further been contended by the appellants that despite almost more than 50% seats are lying vacant in their institutions, the respondent authorities have till date restricted the admissions to only those students who have appeared in the entrance examination conducted by Vyapam and not opened for all students possessing the minimum eligibility marks from the qualifying examination and have also proposed no program for college level counseling. Although respondent authorities have conducted almost three round of counseling, the seats are lying vacant in their institutions. Our attention was drawn to the decision dated 26.9.2014 of this Court passed in Civil Appeal No.5914 of 2011 and connected writ petitions and pleaded that this Court had directed the State Government of Uttar Pradesh to conduct the Counseling and allot students to the vacant seats.

7. The contention of the respondent-State of Madhya Pradesh is that the State Government has issued circular for counseling for admission in B.Ed., M.Ed. etc. courses in private institutions. The entrance examination for such examination is conducted by the Professional Examination Board. For the academic session 2015-16, 63406 students participated in the examination conducted by Vyapam. It has been further submitted that under the Guidelines for admission framed by the State, an online registration is compulsory for all students who desired to participate in the counseling which was to be conducted after the entrance test. The Registration for first round counseling was held from 18.5.2015 to 28.5.2015 and three rounds of counseling were completed between 9.6.2015 to 29.6.2015. Thereafter, additional round of counseling was also conducted in July, 2015, for which all students were allowed/permitted to get the online registration subject to the only condition that they have participated in the entrance examination. According to the respondents, against total seats of 53,865 in the State of Madhya Pradesh for B.Ed. course, 63,406 students were allowed online registration. Despite four rounds of counseling, seats in the appellant colleges are remaining vacant, which means that the students are not interested in getting admission in these colleges. It h

Please Login To View The Full Judgment!

as been further submitted that the entire pool of students who had participated in the Vyapam examination has been exhausted, and as such, no further counseling can be permitted now. 8. In the background of all these facts, we do not find any reason to grant any interim relief to the appellants/petitioner to conduct a college level counseling and admit the students who have not even appeared in the entrance test. These applications are, therefore, dismissed.
O R







Judgements of Similar Parties

18-05-2020 K. Gautham Versus The Director of Medical Education, EVR Periyar Salai, Chennai & Another Before the Madurai Bench of Madras High Court
15-05-2020 Yogesh Versus The State of Maharashtra, Through Chief Secretary, School Education & Sports Department, Mantralaya & Another In the High Court of Bombay at Aurangabad
05-05-2020 Shobha Versus The State of Maharashtra, Through its Secretary, School Education Department, Mantralaya Annexe, Mumbai & Others In the High Court of Bombay at Nagpur
30-04-2020 Gajanan Shahu Keripale Versus The State of Maharashtra Through The Secretary, School Education & Sports Dept, Mantralaya & Others High Court of Judicature at Bombay
30-04-2020 Kashish Gupta Versus The Central Board of Secondary Education, Represented by its Secretary, Delhi & Others High Court of Kerala
27-04-2020 P. Chandrasekhar Rao & Another Versus The State of Telangana Rep by its Special Chief Secretary, Education Department, Secretariat Hyderabad & Others High Court of for the State of Telangana
24-04-2020 Naresh Kumar Versus Director of Education & Another High Court of Delhi
15-04-2020 Dr. Srinivas Guntupalli Versus The State of Andhra Pradesh, Through its Principal Secretary, School Education Department, Guntur & Others High Court of Andhra Pradesh
08-04-2020 Rashtrasant Tukdoji Maharaj Nagpur University, Nagpur, Ravindranath Tagore Marg, through its Registrar & Another Versus State of Maharashtra, Department of Higher and Technical Education, Mantralaya, through its Secretary & Another In the High Court of Bombay at Nagpur
23-03-2020 Delhi Public School, East Versus Central Board of Secondary Education & Others High Court of Gujarat At Ahmedabad
20-03-2020 Professor Smt. Manorama Prakash Khandekar Versus The State of Maharashtra, Higher and Technical Education Department, through its Secretary, Mantralaya & Others In the High Court of Bombay at Nagpur
20-03-2020 Deepak & Another Versus Central Board of Secondary Education & Others High Court of Delhi
19-03-2020 SanatombaHaobam Versus The State of Manipur, represented by the Commissioner/ Secretary(Education-S), Government of Manipur, Secretariat, Imphal & Others High Court of Manipur
17-03-2020 Meghna Singh (Through: Her Natural Guardian) Avita D Lal Versus Central Board of Secondary Education & Another High Court of Delhi
16-03-2020 A. Pandi Selvi Versus The State of Tamilnadu, Rep. by its Secretary, School Education Department, Chennai & Others Before the Madurai Bench of Madras High Court
16-03-2020 Bhavna Kisan Uradya & Others Versus The State of Maharashtra, Through the Secretary, School Education Department & Others High Court of Judicature at Bombay
12-03-2020 Nitin Kumar Jain Versus Union of India, Through, Human Resources Development, Department of School Education & Literacy, New Delhi & Others Central Administrative Tribunal Principal Bench New Delhi
12-03-2020 Navanita Chowdhury Versus Govt. of NCT, Delhi, Through the Principal Secretary, Department of Education & AnotherQ Central Administrative Tribunal Principal Bench New Delhi
11-03-2020 Mukund Marutirao Jagtap Versus Superintendent, Pay & Provident Fund Unit, Education Department & Others High Court of Judicature at Bombay
11-03-2020 Pramodini Mangesh Rukari Versus The Superintendent, Pay & Provident Fund Unit, Education Department & Others High Court of Judicature at Bombay
11-03-2020 Dnyaneshwar Versus The State of Maharashtra, Through its Secretary, School Education & Sports Department, Mantralaya & Others In the High Court of Bombay at Aurangabad
09-03-2020 Hasina Siraj Shaikh Versus State of Maharashtra Secretary through Department of Secondary & Higher Secondary Education Department & Others High Court of Judicature at Bombay
06-03-2020 Aided Primary School, rep. by its Secretary, Thazhambadi, Puduchathiram Union, Namakkal District Versus The Director of Elementary Education, College Road, Chennai & Others High Court of Judicature at Madras
06-03-2020 Dr. Nishigandha Ramchandra Naik Versus State of Maharashtra through Principal Secretary, Medical Education and Drugs Department Mantralaya & Another High Court of Judicature at Bombay
04-03-2020 Dr. Anil D. Garje Versus The State of Maharashtra Through its Principal Secretary Higher & Technical Education Department Mantralaya & Others High Court of Judicature at Bombay
04-03-2020 S. Aruputharaj Versus Government of Tamil Nadu, Rep by its Secretary, Education, Science & Technology, Madras & Others High Court of Judicature at Madras
03-03-2020 Indian Society for Technical Education, Rep., by its Executive Secretary, Saheed Jeet Singh Marg, New Delhi Versus Anna University, Rep., by its Registrar, Guindy, Chennai & Another High Court of Judicature at Madras
28-02-2020 Vikrant Prataprao Gaikwad & Another Versus The State of Maharashtra Through the Secretary School Education Department Mantralaya & Others High Court of Judicature at Bombay
28-02-2020 Vikrant Prataprao Gaikwad & Another Versus The State of Maharashtra Through the Secretary School Education Department & Others High Court of Judicature at Bombay
27-02-2020 Taraknath College of Education Versus National Council For Teacher Education & Another High Court of Delhi
26-02-2020 Manager & Correspondent, Madasa E.Deeniyath Aided Elementary School, Ambur Versus The State of Tamil Nadu, Rep.by its Secretary to Government, Education Department, Chennai & Others High Court of Judicature at Madras
25-02-2020 Nitin Ramesh Khedekar Versus The State of Maharashtra, Through the Secretary, School Education Department, Mantralaya & Others High Court of Judicature at Bombay
24-02-2020 Raya Xavier (Died) & Another Versus The State of Tamil Nadu, Rep. by its Secretary, Department of School Education, Chennai & Others Before the Madurai Bench of Madras High Court
24-02-2020 S. Raghavendhiran & Others Versus The Commissioner, Director of Technical Education, Chennai & Others Before the Madurai Bench of Madras High Court
21-02-2020 The State of Tamil Nadu, Rep.by its Secretary, Department of Higher Education, Chennai & Another Versus The Secretary/Correspondent, Loyola College [Autonomous], Chennai & Another High Court of Judicature at Madras
20-02-2020 P. Saju, Senior Grade Printer, Government Central Press, Thiruvananthapuram & Others Versus State of Kerala, Represented by The Secretary To Government, Higher Education Department, Government Secretariat, Thiruvananthapuram & Others High Court of Kerala
20-02-2020 P. Peter Paul Versus The State of Tamil Nadu, Rep.by its Secretary to Government, Education Department, Chennai & Others High Court of Judicature at Madras
19-02-2020 The Manager, St. Paul's Higher Secondary School, Kozhinjampara Versus State of Kerala, Represented by The Secretary To Government, General Education Department, Secretariat, Thiruvananthapuram & Others High Court of Kerala
18-02-2020 Mohd Shafiq & Others Versus Anuradha Gupta, Director School Education & Another High Court of Jammu and Kashmir
18-02-2020 Banajit Deka Versus The Union of India, Through the Secretary, Government of India, Ministry of Human Resource Development, Department of Education, New Delhi & Others Central Administrative Tribunal Guwahati Bench Guwahati
13-02-2020 Baheti Education Trust Versus Nemaram High Court of Rajasthan
11-02-2020 G. Thamaraiselvi Versus Secretary To Government, Union of India, (Department of Higher Education), Ministry of Human Resources Development, New Delhi & Others Before the Madurai Bench of Madras High Court
10-02-2020 Mukulika Sharma & Others Versus The State of Rajasthan, Through Secretary, Secondary Education, Govt. of Rajasthan, Secretariat, Jaipur. & Others High Court of Rajasthan Jaipur Bench
04-02-2020 St.John's English Primary School & Another Versus Education Officer, (Primary), Zilla Parishad, Nagpur & Another In the High Court of Bombay at Nagpur
04-02-2020 Mahendra Singh Thakur Versus Union of India, Represented by the Secretary, Govt. of India, Ministry of Human Resource Development, Department of Education, New Delhi & Others Central Administrative Tribunal Guwahati Bench Guwahati
31-01-2020 Shirpur Education Society Through Its Principal Versus The State of Maharashtra & Others Supreme Court of India
30-01-2020 Sumant Kumar Dixit Versus Central Public Information Officer, Central Board of Secondary Education Central Information Commission
29-01-2020 Dr. M. Abdul Salam Versus The State of Kerala Represented by Its Principal Secretary To Government, Department of Higher Education, Government Secretariat, Thiruvananthapuram & Others High Court of Kerala
29-01-2020 S. Sakthivel Versus The State of Tamil Nadu, Rep. by its Secretary to Government, Education Department, Chennai & Others High Court of Judicature at Madras
28-01-2020 B. Jayalakshmi Versus State of Karnataka, Represented by the Principal Secretary Department of Education (Primary & Secondary) & Others High Court of Karnataka
27-01-2020 T.V. Thomas, P.D. Teacher, Govt. U.P. School, Thottumukkom, Kozhikode & Others Versus Joint Secretary, General Education Department, Government of Kerala, Thiruvananthapuram & Others High Court of Kerala
24-01-2020 The Trustee Hidaya Educational & Charitable Trust, Muhammed Umer, Thiruvananthapuram Versus State of Kerala, Represented by Its Secretary, Department of General Education, Secretariat, Thiruvananthapuram & Others High Court of Kerala
24-01-2020 G. Maria Antony Michael Versus The State of Tamil Nadu, Rep by its Secretary, Department of School Education, Fort St.George, Chennai & Others Before the Madurai Bench of Madras High Court
23-01-2020 E. Saral Versus The Director of School Education, Chennai & Others High Court of Judicature at Madras
22-01-2020 The Director of Elementary Education, Chennai & Others Versus P. Manikandan & Another High Court of Judicature at Madras
21-01-2020 J. Anulatha Versus The Principal Secretary, Department of Education, Government of Tamil Nadu, Chennai & Others High Court of Judicature at Madras
14-01-2020 S.M. Zaheer Alam Versus National Council for Teacher Education (NCTE) through its Chairperson, New Delhi & Others High Court of Judicature at Patna
13-01-2020 L. Innacentia Versus The Director of Elementary Education, DPI Campus, Chennai & Others High Court of Judicature at Madras
13-01-2020 Prakash Shikshan Mandal's Loknete Versus State of Maharashtra, through its Department of Medical Education & Drugs & Others High Court of Judicature at Bombay
10-01-2020 P. Subramani Versus State of Tamil Nadu, Rep. by its Secretary to Govt., Department of School Education, Chennai & Others High Court of Judicature at Madras
09-01-2020 State of Kerala, Represented by The Principal Secretary to Government, High Education Department, Thiruvananthapuram & Another Versus C.C. Devayani & Another High Court of Kerala
09-01-2020 K. Shobana Versus The State of Tamilnadu, Rep. by the Principal Secretary to Government, Department of School Education, Chennai & Others High Court of Judicature at Madras
07-01-2020 Alok Kumar & Others Versus State of U.P. Thru Special Secy. Basic Education Lko. & Others High Court Of Judicature At Allahabad Lucknow Bench
06-01-2020 Surinder Nath Kesar Versus Board of School Education & Others Supreme Court of India
06-01-2020 Kothandaraman High School, Rep. by its Correspondent, Uthukottai Versus The Director of School Education, Chennai & Others High Court of Judicature at Madras
03-01-2020 I. Sundararajan Versus Director, Tamil Nadu School Education, Chennai & Others Before the Madurai Bench of Madras High Court
02-01-2020 Dr. V. Leelavathi Versus State of Karnataka Department of Health & Family Welfare (Medical Education) Rep. by its Additional Chief Secretary, Bengaluru & Others High Court of Karnataka
19-12-2019 Dnyanganga Shikshan Sanstha & Another Versus The State of Maharashtra through its Chief Secretary, School Education Department & Others In the High Court of Bombay at Aurangabad
19-12-2019 J. Vijay Anthony Versus The Director, Directorate of Medical Education, Poonamallee High Road, Chennai & Another High Court of Judicature at Madras
19-12-2019 Dnyanganga Shikshan Sanstha, Aurangabad, through its Secretary, namely, Yogesh Vinayakrao Patil Versus The State of Maharashtra through its Secretary, School Education & Sports Department, Mantralaya & Others In the High Court of Bombay at Aurangabad
19-12-2019 A. Bharathi Versus The Principal Secretary to Government, Higher Education Department, Chennai & Others High Court of Judicature at Madras
19-12-2019 S. Ramachandran Versus The Director of Elementary Education, Chennai & Others High Court of Judicature at Madras
19-12-2019 Sunita Laxmanrao Fuke Versus The State of Maharashtra through its Secretary, School Education Department, Mantralaya & Others In the High Court of Bombay at Aurangabad
18-12-2019 Saraswathy Versus State of Tamil Nadu, Represented by its Secretary to Government, School Education Department & Others High Court of Judicature at Madras
18-12-2019 Rana Pratap Singh Versus Vittiya Evam Lekha Adhikari, District Basic Education Officer & Others Supreme Court of India
16-12-2019 P.A. Abdul Saleem Versus The Director of School Education, Chennai & Others High Court of Judicature at Madras
16-12-2019 The State of Kerala, Rep. by Its Secretary to Government, Higher Education Department, Government Secretariat, Thiruvananthapuram & Others Versus S. Babu & Others High Court of Kerala
11-12-2019 B. Sowndhararaj Versus The Director of Elementary Education, Chennai & Others High Court of Judicature at Madras
05-12-2019 R. Sutha Versus State of Tamil Nadu, Rep.by its Principal Secretary to Government, Higher Education Department, Chennai & Others High Court of Judicature at Madras
04-12-2019 P. Jagadeesan Versus The State of Tamil Nadu, Rep. by its Principal Secretary to Government, School Education Department, Chennai & Others High Court of Judicature at Madras
03-12-2019 P. Muralidharan Versus State of Kerala Represented by Secretary, Department of General Education, Government Secretariat, Thiruvananthapuram High Court of Kerala
02-12-2019 Basava Engineering School of Technology Rep. by its Principal B.J. Patil Versus State of Karnataka Rep. by its Prl. Secretary Department of Technical Education High Court of Karnataka Circuit Bench OF Kalaburagi
02-12-2019 Ajit Rajendra Bhagwat & Others Versus The State of Maharashtra, Through its Secretary, Higher and Technical Education Mantralaya & Others High Court of Judicature at Bombay
29-11-2019 Director Directorate of Education & Another Versus Mohd. Shamim & Others High Court of Delhi
28-11-2019 Chetana Education Trust (R) Versus State of Karnataka Represented by its Secretary Department of Higher Education (Puc) & Others High Court of Karnataka
28-11-2019 N.V. Selvaraj Versus The Director of Technical Education, Office of Director of Technical Education, Chennai & Another High Court of Judicature at Madras
27-11-2019 The Manager, St. Paul's Higher Secondary School, Kozhinjampara, Palakkad Versus State of Kerala, Represented by The Secretary To Government, General Education Department, Secretariat, Thiruvananthapuram & Others High Court of Kerala
26-11-2019 M. Namadeva Versus The Director of School Education, College Road, Chennai & Others High Court of Judicature at Madras
25-11-2019 Jose Sebastian Versus State of Kerala Represented by Its Secretary To Government, General Education Department, Government Secretariat, Thiruvananthapuram & Others High Court of Kerala
20-11-2019 The State of Tamil Nadu, Rep. by its Principal Secretary, Higher Education (B2) Department, Chennai & Another Versus K. Chinnasamy & Others High Court of Judicature at Madras
19-11-2019 M/s. Akshayah Global School, Represented by its Founder-Chairman, T.K. Venkatesh Versus The State of Tamil Nadu, Represented by its Secretary, School Education Department, Chennai & Others High Court of Judicature at Madras
18-11-2019 A. Abirami Versus The State of Tamil Nadu, Represented by its Secretary to Government School Education Department, Chennai & Others High Court of Judicature at Madras
18-11-2019 Ramesh Chand Versus Marwar Muslim Education & Welfare Society High Court of Rajasthan Jodhpur Bench
15-11-2019 Ramaswamy Pillai Higher Secondary School, Through its Secretary/Correspondent, I.C. Shunmugavelayutham & Others Versus The Secretary, Department of School Education, Secretariat, Chennai & Others Before the Madurai Bench of Madras High Court
15-11-2019 N. Umapathy & Others Versus The Government of Tamil Nadu, Rep. by its Secretary to Government, School Education Department (Minority) Department, Secretariat, Chennai & Others High Court of Judicature at Madras
14-11-2019 D. Dakshayanamma Versus State of Karnataka by its Secretary Department of Secondary Education High Court of Karnataka
08-11-2019 Swarnim Sachin Chingre Versus The State of Maharashtra, Through Secretary of Education & Others In the High Court of Bombay at Aurangabad
08-11-2019 Yerramreddy Venkata Suresh Reddy Versus State of Andhra Pradesh rep by its Principal Secretary School Education Seceretariat Buildings Velagapudi at Amaravathi Guntur District High Court of Andhra Pradesh
08-11-2019 All India Council for Technical Education Versus Shri Prince Shivaji Maratha Boarding House's College of Architecture & Others Supreme Court of India
07-11-2019 Tree House Education & Accessories Limited, Mumbai Versus Securities & Exchange Board of India, SEBI Bhavan SEBI Securities amp Exchange Board of India Securities Appellate Tribunal


LawyerServices is a Premium Legal Tech solution.


Lawyers, Law Firms, Government Departments and Corporates rely on us for, Workflow Automation, Data Aggregation, Timely Updates, Case Management, Intelligent Research, Latest Legal Data Updates and a LOT more!

If you are a legal professional, CONTACT US, in order to see how our UNIQUE solution can benefit your organization.

Features Intro Close Box