Authority: High Court of Uttarakhand
Order Date: 05.10.2026
Case Overview
- Petitioners: Shakuntala Devi Lok Kalyan Samiti and another party; Respondents: Hemwati Nandan Garhwal Bahuguna and others.
- The petitioners run a B.Ed college recognized by the National Council for Teacher Education (NCTE). The affiliating university refused to allow the college to take part in the counselling process for admission to 100 seats for the 2020‑2022 batch.
- The Court, in an order dated 25.02.2021, directed the university to provisionally permit the petitioner’s participation in the counselling, subject to the final outcome of the writ petition.
- The Court cited the Supreme Court judgment in State of Maharashtra v. Sant Dnyaneshwar Shikshan Shastra Mahavidayalaya (2006) 9 SCC 1, which held that an affiliating university cannot impose any restriction on intake capacity.
- A similar issue was adjudicated by a coordinate bench of the same Court in Writ Petition (MS) No. 642 of 2022. Counsel for the university, Mr. Kartikey Hari Gupta, conceded that the matter was identical.
Final Outcome
- The writ petition is decided in accordance with the judgment dated 08.09.2022 rendered in WPMS No. 642 of 2022, thereby confirming the petitioner’s right to participate in the counselling for the 100 seats of the B.Ed course for the 2020‑2022 batch and removing any university‑imposed restriction on intake.
Topics: Legal Admission Rights, Higher Education Regulation