Sh. Ram Chander Gahlot Charitable ... vs Government Of Nct Of Delhi

Citation : 2003 Latest Caselaw 600 Del
Judgement Date : 27 May, 2003

Delhi High Court
Sh. Ram Chander Gahlot Charitable ... vs Government Of Nct Of Delhi on 27 May, 2003
Author: B D Ahmed
Bench: B D Ahmed

JUDGMENT Badar Durrez Ahmed, J.

1. The petitioner, 'Ram Chander Gahlot Charitable Trust', has filed this petition in respect of the MCA Course with the intake of 30 seats in its institution. The main prayer in the writ petition is for a direction to be given to the respondent No.1 to revalidate the Certificate dated 07.01.2002 for the academic session 2003-04. The Certificate granted for the academic session 2002-03 which is dated 07.01.2002 is set out at page 25 of the Paper Book. It clearly indicates that there is no objection to the petitioner's MCA Course with an intake capacity of 30 students. However, it is also mentioned in the Certificate under the column recommendations as under:-

"Recommended for starting MCA Course in the proposed Institute with an intake of 30 seats subject to production of land use certificate from competent authority w.e.f. academic session 2002-03"

2. Pursuant to the said Certificate, the petitioner had furnished the NOC from the MCD dated 15.01.2002, which is at page 39. However, there is some controversy as to which is the competent authority to certify land use. Whether it is the MCD or DDA, it is for the petitioner to produce the land use certificate from either authority or both of them, whoever is competent in respect of grant of NOC for land use. The petitioner, in this petition, merely seeks a revalidation of the said Certificate dated 07.01.2002. No valid objections have been pointed out by the learned counsel for the respondents and particularly the learned counsel appearing on behalf of the Government of NCT of Delhi for granting a similar Certificate for the academic session 2003-04.

4. Accordingly, it is directed that the respondent No.1, i.e., Government of NCT of Delhi revalidate the Certificate for the academic session 2003-04 on the same terms and conditions as the Certificate dated 07.01.2002. However, it will be open to the respondent No.1 to inspect the institution prior to such revalidation. It is made clear that the revalidation shall be done within 10 days from today and inspection on any date before that with 24 hours prior notice to the petitioner. There is no objection from the AICTE as well as from the University, i.e., respondent No.3. In view of the above directions, the writ petition is disposed of. There shall be no orders as to costs.

dusty to all the parties.