The Patna High Court on Thursday quashed the order of governor-cum-chancellor of universities, Bihar, Ram Nath Kovind, fixing the fee structure of private BEd colleges in the state. But the court also held valid the chancellor's order of a common entrance test for admission into such colleges.
The order was passed by a division bench of Chief Justice I.A. Ansari and Justice Chakradhari Sharan Singh while hearing a petition filed by Bihar College of Education and others. The chancellor had in September 2015 ordered Aryabhatt Knowledge University (AKU) to organise a centralised entrance test for admission to the course and also fixed course fee at Rs 95,000 for the two-year BEd programme.
The court on Thursday said: "We are mindful of the fact and it has been mentioned in the letter, dated 02.09.2015, through which the Regulation/Ordinance is being sought to be implemented that the said fee structure has been fixed provisionally and a state level committee is proposed to be constituted for deciding the fee structure. Since we do not find any material basis on record for arriving at the fee structure, as prescribed, we intend to hold the said fixation of fee, which has been made a part of the Ordinance itself, to be without any basis and, therefore, unsustainable."
The court held that the fee structure arrived at by the state government was not as per the Supreme Court guidelines and hence was not in accordance with the law.
It (court) then remanded back the fee part of the order to the chancellor's office, asking him to re-determine the fee.
The bench, in its order, further said: "In the facts and circumstances of the case, we direct the universities to hold a combined entrance test for admission to BEd courses in unaided education institutions, if not already held, within a period of one month from today, in accordance with the provisions of the Ordinance."
The bench while directing for a common entrance test adjudged null and void all the admissions which these colleges have taken so far.
The court order reads: "The interim orders, allowing the institutions to admit students, accordingly, stand vacated. The institutions shall be required to abide by the provisions under the Ordinance in this regard."
AKU administrations who were waiting for the high court order claimed they will hold fresh entrance tests.
AKU pro vice-chancellor SM Karim said: "I have not seen the high court order, what it has clearly mentioned, however, the university will carry out separate admission test." There are around 1,500 students studying at 19 BEd colleges.
These colleges, affiliated to AKU, carried out their entrance process in May 2015. However, in September 2015, AKU, based on the Raj Bhavan notification, asked colleges to go for a common entrance test.
A BEd student at St Xavier's College of Education said: "Students who are studying BEd courses (2015-17) will be hit the most. Students like me will be affected by the high court order." The student also said that their one-and-a-half year's time will be wasted because of the court order.





