'State Duty Bound To See That Private Colleges Can Survive': Delhi High Court On Vacant Diploma Seats Due To Early Counselling In Govt Colleges

The Delhi High Court on Wednesday expressed concern over the plight of private colleges offering diploma courses, whose seats are going vacant due to segregation of counselling process in Government Run Institutes and Self Financed Private Institutes.

Noting that more than 50% seats of the private litigant in appeal, Aditya Institute of Technology, were vacant as the counselling in Government Run Institutes was over in October, 2021 and aspiring students had already taken admission thereof, the Bench of Chief Justice DN Patel and Justice Jyoti Singh orally told the government counsel,

"When you are permitting them (private colleges) to open up, then it is your duty to see that these institutions can survive; can generate employment, impart education. If you are taking away most students by holding separate counselling, how will they…"

The Chief Justice added,

"This is your creation! They are not foreigners or terrorists. You should have treated them at par with government colleges for giving admissions…It is not like vegetable vending that can be opened anywhere. One dozen types of permissions they have taken. You are always in parental position for all your creations. You are a welfare state."

The appeal filed through Advocate Aseem Mehrotra stated that a Common Entrance Test (CET) was conducted by DSEU (Delhi Skill and Entrepreneurship University) for government run institutes, government financed and private institutes but, the counselling in DSEU was over by October, 2021 whereas counselling in Respondent's affiliated Institutes is on for spot counselling. On account of this segregation of DSEU and Government Financed and Private Institutes, it was submitted that the seats have remained vacant in the Appellant-Institute.

The plea highlighted that as of date only 55 students have been reported to have taken admission in Appellant Institute as against 184 seats. Hence, it was submitted that the appellant will find difficulty in even making payment to its staff.

Accordingly, permission was sought to admit students in vacant seats for the academic session 2021-22 from students who have not taken CET-2021 examination.

A direction was also sought upon the Respondents (Delhi Government and its Board of Technical Education) to hold CET and Counselling for Self Financed Private Diploma Institutes in Delhi simultaneously with DSEU, in the future.

Looking at the facts of the case, Justice Singh observed,

"In a country where students are not getting admissions due to high cut off, seats are going vacant. This is a very sorry state."

The Bench reminded the government that its main activity is not to run colleges. Rather, the purpose of permitting private institutions to impart education is that the State may shift its focus on other welfare activities.

In the above context, the Bench issued notice on the petition, returnable on January 28.

Case Title: Aditya Institute of Technology v. GNCTD