Allahabad High Court
Premwati Prakash Narayan ... vs State Of U P And 2 Others on 4 January, 2021
Bench: Yashwant Varma
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 34
Case :- WRIT - C No. - 24783 of 2018
Petitioner :- Premwati Prakash Narayan Mahavidyalaya Jaganpur
Respondent :- State Of U P And 2 Others
Counsel for Petitioner :- Ramesh Upadhyaya,Rajan Upadhyay
Counsel for Respondent :- C.S.C.
Hon'ble Yashwant Varma,J.
Heard Sri Ramesh Upadhyaya learned Senior Counsel in support of the petition and Sri Piyush Shukla learned Additional Chief Standing Counsel for the State respondents.
The petitioner is aggrieved by the order of 28 June 2018 pursuant to which the Examination Regulatory Authority has proceeded to reject the prayer for affiliation for admission and conduct of D.El.Ed.(B.T.C.) Course for session 2018-19. The order itself rests on a perceived discrepancy in the plot number over which the institution is stated to exist as well as its total area as initially came to be recorded by the respondents. The petitioner refers to the communication of N.C.T.E. dated 01 May 2018 in which the perceived discrepancy of the plot number was taken note of and requisite clarification issued. Learned Senior Counsel also draws the attention of the Court to the communication of 17 April 2018 in terms of which the third respondent had himself admitted to the clerical error on account of which the total area over which the institution existed had come to be noted. Despite the clarification existing on the record the impugned order has come to be passed.
Noticing the aforesaid, a learned Judge of the Court on 30 July 2018 passed the following order: -
"1. This writ petition has been filed by the petitioner challenging the order dated 28.06.2018 passed by the Respondent No. 2 in pursuance of a direction issued by this Court in Writ - C No. 21782 of 2018 filed by the same College making allegation that the Principal, DIET, Kanpur Dehat had admitted his mistake regarding the measurement of built up area of the institution.
2. This Court had directed the respondents to take a decision on the information sent by the Principal, DIET, Kanpur Dehat on 17.04.2018, within a period of two weeks from the date a certified copy of the order was produced before him.
3. It is submitted by learned counsel for petitioner that a copy of the order dated 21.06.2018 was served upon the Respondent No. 2 on 26.06.2018 and now a completely arbitrary order has been passed on 28.06.2018 which is to the effect that in the recognition order passed by the NCTE the plot number of the College has been mentioned as 00011, whereas the petitioner has submitted the copy of Khatauni mentioning the plot number as 226.
4. The learned counsel for petitioner has taken this Court through the initial order of recognition granted by the NCTE at page No. 17 showing in the third column address of the institution as Plot No. 00011, Street No. Jaganpur etc. This recognition order dated 17.09.2016 later on was corrected by NCTE by issuing a corrigendum on 01.05.2018 mentioning the correct plot number i.e. Khasra/Plot No. 226, Street No. Jaganpur, Village Jaganpur etc. A copy of the order dated 01.05.2018 correcting the address of the petitioner College in the recognition order has been filed as Annexure - 7 to the writ petition.
5. Learned counsel for the petitioner submits that because of carelessness of the Respondent No. 2, the petitioner has not been allowed to participate in the counselling for admission for this Academic Year and is suffering a huge financial loss. He has referred to the judgment rendered by the Hon'ble Supreme Court in Writ Petition (Civil) No. 175 of 2016 where the Supreme Court on 25.04.2016 had imposed a cost of Rs. 10 lacs each towards the damages and as compensation for the petitioner institution suffering on account of action of the State.
6. Learned counsel for the petitioner has also informed this Court that the applications for waiver of cost/damages were moved by the State, which were rejected on 15.07.2016 by the Hon'ble Supreme Court. It is his case that because of carelessness on the part of the respondents the petitioner although having infrastructure and maintaining a teaching faculty has not been allowed to participate in counselling and no admission of students has been made by the petitioner institution resulting in huge financial loss. As such, damages may be awarded by this Court in terms of the judgment rendered by the Hon'ble Supreme Court in Tilak Ram Saini Girls Degree College Vs. National Council for Teacher Education and Others in afore-cited Writ Petition (Civil) No. 175 of 2016.
7. This Court feels that the relief claimed by the petitioner can only be granted at the stage of final disposal of the writ petition.
8. Let the State-Respondents file their counter affidavit within a period of four weeks indicating as to by in terms of the order passed by the Hon'ble Supreme Court in afore-cited judgment cost may not be imposed on the respondents.
9. List this matter after four weeks on 27th of August, 2018 before appropriate Court."
Sri Upadhya contends that while the petitioner gives up its right to claim compensation, the Institution cannot be made to suffer on account of the admitted mistakes committed by the respondents themselves.
The counter affidavit which has been filed on behalf of the respondents does not refer to any issue which may detract from the right of the petitioner to seek affiliation other than those which stand settled in light of the communications of the NCTE and the third respondent noticed above.. The recognition as accorded to the institution by N.C.T.E. is also not in dispute.
In view of the aforesaid, Sri Shukla learned Additional Chief Standing Counsel submits that although the issue itself related to the session 2018-19, in case the petitioner applies for affiliation in accordance with law for the future academic sessions, its application shall by duly considered bearing in mind the clarification of 17 April 2018 issued by the third respondent as well as the communication of N.C.T.E. dated 01 May 2018 noted hereinabove.
The petition stands disposed of in light of the aforesaid.
Order Date :- 4.1.2021
faraz
