Allahabad High Court
Bhardwaj Shiksha Sewa Samiti ... vs State Of U.P. Thru. Prin. Secy. ... on 9 January, 2023
Bench: Brij Raj Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
1
Reserved on 03.01.2023
Delivered on 09.01.2023
Court No. - 20
Case :- WRIT - C No. - 8962 of 2022
Petitioner :- Bhardwaj Shiksha Sewa Samiti Thru. Authorized Signatory Sri
Vishal Upadhyay
Respondent :- State Of U.P. Thru. Prin. Secy. Technical Education Civil
Secrett. Lko. And 3 Others
Counsel for Petitioner :- Paavan Awasthi,Lalta Prasad Misra, Parth Anand
Counsel for Respondent :- C.S.C.,Alok Kumar Pandey,Ravi Singh, Sandeep
Dixit,Utsav Mishra
along with connected writ petitions
Case :- WRIT - C No. - 9701 of 2022
Petitioner :- Jhunjhunwala Institute Of Medical Sciences Village Usru,
Ayodhya Thru. Director Girjesh Tirpathi
Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Technical Education,
Lko. And Others
Counsel for Petitioner :- Bhanu Pratap Mishra,Vijay Pathak
Counsel for Respondent :- C.S.C.,Alok Kumar Pandey,Anagh Shukla,Ravi
Singh
---------
Case :- WRIT - C No. - 9195 of 2022
Petitioner :- Thakur Ram Adhar Singh Educational Trust, Jaunpur Thru.
Authorized Signatory Sudhanshu Vikram Singh
Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Technical Education,
Lko. And Othe
Counsel for Petitioner :- Paavan Awasthi,Parth Anand
Counsel for Respondent :- C.S.C.,Alok Kumar Pandey,Ravi Singh
---------
Case :- WRIT - C No. - 9205 of 2022
Petitioner :- Uma College Of Pharmacy, New Delhi Thru. Authorized
Signatory Sri Ganesh Pratap Singh
Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Technical Education,
Lko. And Others
Counsel for Petitioner :- Vaibhav Upadhyay
Counsel for Respondent :- C.S.C.,Alok Kumar Pandey,Ravi Singh
---------2
Case :- WRIT - C No. - 9245 of 2022
Petitioner :- Acumen Trust Bareilly Thru. Its Authorized Signatory Sanjeev
Kumar, Chairman
Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Technical Education,
Lko. And Others
Counsel for Petitioner :- Paavan Awasthi,Parth Anand
Counsel for Respondent :- C.S.C.,Alok Kumar Pandey,Ravi Singh
----------
Case :- WRIT - C No. - 9255 of 2022
Petitioner :- Dev College Of Pharmacy, Prayagraj Thru. Managing Trustee
Bhoopendra Deo Shukla
Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Technical Education,
Lko. And Others
Counsel for Petitioner :- Rajesh Chandra Mishra
Counsel for Respondent :- C.S.C.,Alok Kumar Pandey,Ravi Singh
----------
Case :- WRIT - C No. - 9344 of 2022
Petitioner :- Bhagwat Saran Educational Trust, Kumarganj Haridwar Road,
Bijnor Thru. Secy. Abhinav Agarwal
Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Technical Education,
Lko. And Others
Counsel for Petitioner :- Satyanshu Ojha
Counsel for Respondent :- C.S.C.,Alok Kumar Pandey,Ravi Singh
----------
Case :- WRIT - C No. - 9388 of 2022
Petitioner :- Integrated Academy Of Management And
Technology,Ghaziabad Thru. Auth. Signatory Dr. Ajay Pal Singh
Respondent :- State Of U.P. Thru. Prin. Secy. Technical Education Deptt.
Lko. And 2 Others
Counsel for Petitioner :- Gyaneshwar Prasad Pandey
Counsel for Respondent :- C.S.C.,Alok Kumar Pandey,Ravi Singh,Utsav
Mishra
------------
Case :- WRIT - C No. - 9390 of 2022
Petitioner :- Ishan Institute Of Pharmacy, G.B. Nagar, Thru. Auth. Signatory
Dr. Sushant Pandey
Respondent :- State Of U.P. Thru. Prin. Secy. Technical Education, Lucknow
And 2 Other
Counsel for Petitioner :- Gyaneshwar Prasad Pandey3
Counsel for Respondent :- C.S.C.,Alok Kumar Pandey,Ravi Singh,Utsav
Mishra
--------
Case :- WRIT - C No. - 8963 of 2022
Petitioner :- Saraswati Educational And Cultural Society Thru. Its Authorized
Signatory Sri Badri Vishal Tiwari
Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Technical Education
Lko. And 3 Others
Counsel for Petitioner :- Paavan Awasthi,Parth Anand
Counsel for Respondent :- C.S.C.,Alok Kumar Pandey,Ravi Singh
------------
Case :- WRIT - C No. - 8964 of 2022
Petitioner :- Gokaran Narvadeshwar Siksha Samiti Lko. Thru. Authorized
Signatory Sri Shivesh Mani Tripathi
Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Technical Education,
Lko. And 3 Others
Counsel for Petitioner :- Paavan Awasthi,Parth Anand
Counsel for Respondent :- C.S.C.,Alok Kumar Pandey,Ravi Singh
-------------
Case :- WRIT - C No. - 8965 of 2022
Petitioner :- Maa Kusum Charitable Shikshan Sansthan, Gatehpur Thru.
Authorized Singatory Sri Rohit Chaudhari
Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Technical,
Education, Lko. And Others
Counsel for Petitioner :- Paavan Awasthi,Paavan Awasthi,Parth Anand
Counsel for Respondent :- C.S.C.,Alok Kumar Pandey,Ravi Singh
------------
Case :- WRIT - C No. - 8966 of 2022
Petitioner :- Shivanand Smarak Welfare Trust, Distt. Mau, Thru. Authorized
Signatory Sri Prabhu Nath Singh
Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Technical Education,
Lko. And 3 Others
Counsel for Petitioner :- Paavan Awasthi,Parth Anand
Counsel for Respondent :- C.S.C.,Alok Kumar Pandey,Ravi Singh
-------------4
Case :- WRIT - C No. - 8968 of 2022
Petitioner :- Ranno Devi Pandit Devnarayan Shukla Shikshan Sansthan Thru.
Authoriz Sign. Jitendra Kumar Shukla
Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Technical Education,
Lko. And Others
Counsel for Petitioner :- Paavan Awasthi,Parth Anand
Counsel for Respondent :- C.S.C.,Alok Kumar Pandey,Ravi Singh
-------------
Case :- WRIT - C No. - 8970 of 2022
Petitioner :- Shree Parshuram Verma, Memorial Trust Distt. Faizabad Thru.
Auth. Signatory Sri Praveen Kumar Verma
Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Technical Education,
Lko. And 3 Others
Counsel for Petitioner :- Paavan Awasthi,Parth Anand
Counsel for Respondent :- C.S.C.,Alok Kumar Pandey,Ravi Singh
---------------
Case :- WRIT - C No. - 8984 of 2022
Petitioner :- Shanti Memorial Trust Distt. Gorakhpur Thru. Authorized
Signatory Sri Dharmendra Singh
Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Technical Education,
Lko. And 3 Others
Counsel for Petitioner :- Paavan Awasthi,Parth Anand
Counsel for Respondent :- C.S.C.,Alok Kumar Pandey,Ravi Singh
---------------
Case :- WRIT - C No. - 9013 of 2022
Petitioner :- Miit College Of Pharmacy, Thru. Registrar Aakash Sharma
Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Technical Education
Lko. And 3 Others
Counsel for Petitioner :- Dharm Raj Mishra
Counsel for Respondent :- C.S.C.,Alok Kumar Pandey,Ravi Singh
---------------
Case :- WRIT - C No. - 9015 of 2022
Petitioner :- Dr. Mahalwar Educational Trust Thru. Its Authorized Signatory
Sri Arvind Pal Singh
Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Technical Edu. Lko.
And 3 Others
Counsel for Petitioner :- Paavan Awasthi,Parth Anand
Counsel for Respondent :- C.S.C.,Alok Kumar Pandey,Ravi Singh5
Case :- WRIT - C No. - 9023 of 2022
Petitioner :- Mata Madhuri Devi Sikshan Seva Sansthan Thru. Its Manager
Sudha Rai and another
Respondent :- State of U.P. thru. Prin. Secy. Deptt. Of Technical Education
Lko and 4 others
Counsel for Petitioner :- Prafulla Tiwari, Anuj Kumar Mishra
Counsel for Respondent :- C.S.C., Alok Kumar Pandey, Ravi Singh
-----------------
Case :- WRIT - C No. - 9025 of 2022
Petitioner :- Saraswati Vidya Mandir Thru. Its Authorized Signatory
Purnanshu Ojha
Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Technical Education
And 3 Others
Counsel for Petitioner :- Satyanshu Ojha
Counsel for Respondent :- C.S.C.,Alok Kumar Pandey, Ravi Singh
Hon'ble Brij Raj Singh,J.
1.
Heard Dr. L.P. Mishra, Senior Counsel assisted by Shri Paavan Awasthi,
learned counsel for the Petitioner, learned Additional Standing Counsel for
the State Respondents, Shri Sandeep Dixit, Senior Advocate assisted by Shri
Utsav Mishra, learned counsel for the Respondent Nos. 2 and 3 and Shri Ravi
Singh, learned counsel for the Respondent No.4.
2.
All the aforesaid connected writ petitions have got common questions
therefore, they are decided together by a common judgment.
3.
The Petitioner in Writ Petition No.8962 of 2022 has filed the writ
petitions seeking the following reliefs :
"(i) issue a writ order or direction in the nature of certiorari quashing
the impugned orders dated 09.12.2022 bearing No.2843/Solah-1-2022
and 09.12.20022 bearing No.2840/Solah-1-2022 passed by the
Respondent No.1, true copy of which is annexed as Annexure Nos.1 and
2 to this writ petition ;
(ii) issue writ, order or direction in the nature of certiorari quashing
the impugned order dated 10.12.2022 passed by the Respondent No.2,
true copy of which is annexed as Annexure No.3 to this writ petition ;6
(iii)
issue writ, order or direction in the nature of mandamus
commanding the Respondent No.2 to grant the requisite affiliation to
the Petitioner for conducting B. Pharma Course for 60 seats for the
Academic Session 2022-23 ;
(iv)
issue writ, order or direction in the nature of mandamus
commanding the University to conduct fresh counselling process for B.
Pharma Course for the Academic Session 2022-23 and include the
Petitioner's institution in the said process upon the grant of requisite
affiliation to the petitioner."
4.
The similiar prayers have been made in all connected writ petitions. The
brief facts of the case in Writ Petition No.8962 of 2022 are that the Petitioner
is a registered Society duly registered under the Provisions of Societies
Registration Act, 1860 and has established Smt. Champa Devi Shiksha
Prakshishan College (hereinafter referred to as ''College'). The Petitioner
made an application to the State Government for grant of ''No Objection' of
B.Pharma Course for Academic Session 2022-23 and the same was granted
vide order dated 27.07.2021. The Petitioner submitted its application to the
University for grant of consent of affiliation along with requisite fees and
consent was given vide letter dated 29.01.2022. The Petitioner was also
granted requisite approval from the Pharmacy Council of India (hereinafter
referred to as ''PCI') on 08.08.2022. The Petitioner submitted the approval
granted by the PCI to the University and requested to process the application
of the Petitioner but the University did not take any action in pursuance of the
same. The State Government vide order dated 09.12.2022 has rejected the
pre-affiliation sanction/approval of the Petitioner's institution for the
Academic Session 2022-23 in B. Pharma Course which has been challenged
by the Petitioner.
5.
The facts of all other writ petitions are similiar therefore, they need to
be discussed.7
6.
The PCI apprached the Hon'ble Supreme Court by means of Misc.
Application No.1379 of 2022 in Civil Appeal No.9048 of 2012 in re :
Parshavnath Charitable Trust v. All India Council for Technical Education
and others" wherein the Supreme Court had extended time for grant of
approval till 30.10.2022 and further granted approval for extension of time
upto 30.11.2022.
7.
The University also approached to Hon'ble Supreme Court for grant of
extension of time by means of Misc. Application No.1655 of 2022 in Civil
Appeal No.9048 of 2012 in Re: Pasharvanath (Supra). The Hon'ble Supreme
Court vide order dated 19.09.2022 was pleased to grant extension of time for
grant of affiliation up to 10.12.2022 to the University.
8.
Learned counsel for the Petitioner submitted that once the approval has
already been granted by PCI and the Petitioner's institution fulfills all
necessary criteria required then the State has no authority to reject the
application for affiliation/approval. It has further been submitted by learned
counsel for the Petitioner that once the Institution has been granted consent
for grant of affiliation by the University and ''No Objection' has been issued
by the State Government, there is no justification to reject the approval.
9.
The arguments advanced by learned counsel for the Petitioner is that the
State Government did not consider the case of the Petitioner within the time
prescribed by this Court vide judgment and order dated 22.11.2022 therefore,
the delay is caused on the part of the State Government for which the
Petitioner should not suffer. In support of his submission, he has relied upon
the case of 2015 SCC Online Ker 17131 (Irinjalakuda Diocesan Educational
Trust Kodakara Thrissur v. All India Council for Technical Education and
others. He submitted that in the teeth of illegality having been perpetrated,
this Court would be justified in interfering the case under Article 226 of the
Constitution of India and the cut off date as fixed by the Hon'ble Supreme
Court is only applicable to the authorities in the present and not to the High
Court.8
10.
Dr. L.P. Mishra, learned counsel for the Petitioner has cited other
judgments passed by this Court in Writ Petition No.12536 (M/S) of 2020 (Zee
College of Pharmacy, Unnao through Director and others vs. State of U.P.
through Principal Secretary Technical Education Lucknow and others, it has
been argued that once PCI, the final authority has taken policy decision with
regard to the norms for opening new Pharmacy institutions or new pharmacy
courses, it was beyond the ambit of the State Government or any of its
committees to take different stand.
11.
Dr. L.P. Mishra, learned counsel for the Petitioner has also relied upon
some other judgment of the Apex Court in the case reported in 2012 AIR SCW
4073 Asha vs. Pt. B.D. Sharma, University of Health Sciences and others and
Anjali College of Pharmacy and Science v. Pharmacy Council of India in
which it has been held that Court must do complete justice between the
parties and if legitimate right of Petitioner stands frustated because of inaction
or inappropriate action on the part of State, the Petitioner may not suffer. He
has submitted that in the present case, the State was sitting over the matter for
a long time and the impugned order was passed on 09.12.2022 and cut off
date expired on 10.12.2022 as fixed by the Hon'ble Supreme Court. Thus, in
view of the law pronounced as aforesaid, the Petitioner should not suffer.
Thus, impugned order is liable to be quashed.
12.
On the other hand Shri Sandeep Dixit, Senior Advocate assisted by Shri
Utsav Mishra along with Shri Alok Kumar Pandey, learned counsel for the
University has submitted that the time limit fixed by the Hon'ble Supreme
Court for the Academic Session 2022-23 has expired therefore, this Court
may not interfere in the matter. He submitted that in the judgment of
Parshvanath (Supra), the Hon'ble Supreme Court has declared time limit and
this Court may not grant concession. He has also invited attention of this
Court towards the order dated 19.09.2022 passed in Misc. Application
No.1655 of 2022 of Hon'ble Supreme Court in the case of Parshavanath
(Supra), the application for extension was allowed and time schedule for9
2022-23 has been fixed up to 10.12.2022. The time schedule cannot be
interfered by this Court in the law declared by the Hon'ble Supreme Court.
13.
Shri Sandeep Dixit, learned counsel has also relied upon judgment in
Writ Petition No.47320 of 2014 (Garima vs. State) decided on 27.04.2017
Vibhuti Pandey in Writ C No.872 of 2019 decided on 14.02.2019. He has
submitted that the High Court has refused the affiliation for Academic Session
on the ground that the cut off date prescribed by the Apex Court expired.
14.
Shri Ramesh Kumar Singh, Additional Advocate General of the State of
U.P. has also relied upon the judgment of Parshvanath (Supra). He has
submitted that in the latest order of Apex Court in Misc. Application No.1655
of 2022 in Civil Appeal No.9048 of 2012, the Court has fixed the time limit
which is up to 10th December, 2020 and after the aforeaid time limit this Court
cannot interfere in the matter and only Apex Court can modify the time limit.
It has been submitted that the judgment of Parshvnath (Supra) and the time
limit fixed in the application is binding and the sanctity of time limit cannot
be broken because it will create manifold problems for which necessary
directions have already been issued by Hon'ble Supreme Court in the case of
Parshvnath (Supra).
15.
Dr. L.P. Mishra, further submitted that the time schedule fixed in the
case of Parshavanath (Supra) and extension of time was granted up to
10.12.2022 has not been considered and the ratio of the said judgment will
not be applicable in the present case. The Misc. Application No.1655 of 2022
in Civil Appeal No.9048 of 2012 by which extension of time was granted is
quoted below :
"(a) extend/relax the cut off date for grant of affiliation up to
30.09.2022 in respect of Technical Institutions already approved by
Regulatory Bodies such as AICTE/PCI/COA) and up to 10.12.2022 in
respect of Technical/Pharmacy Institutions to be approved by
Regulatory Body namely PCI up to 30.11.2022 in terms of order dated
26.08.2022 passed by this Hon'ble Court, for the present academic
session 2022-23."10
16.
The relevant paragraph nos. 38 and 43 of Parshvanath (Supra) are
quoted below.
"38. We must notice that admission schedule should be declared once
and for all rather than making it a yearly declaration. Consistency and
smoothness in admission process would demand and require that there
is a fixed and unaltered time schedule provided for admission to the
colleges so that the students know with certainty and well in advance
the admission schedule that is to be followed and on the basis of which
they are to have their choice of college or course exercised.
43. We find that the above Schedule is in conformity with the
affiliation/recognition schedule afore-noticed. They both can co-exist.
Thus, we approve these admission dates and declare it to be the law
which shall be strictly adhered to by all concerned and none of the
authorities shall have the power or jurisdiction to vary these dates of
admission. Certainty in this field is bound to serve the ends of fair,
transparent and judicious method of grant of admission and
commencement of the technical courses. Any variation is bound to
adversely affect the maintenance of higher standards of education and
systemic and proper completion of courses."
17.
The judgment of Hon'ble Supreme Court is very clear wherein it is
provided that non adherence of the schdeule can result in serious
consequences and can jeopardize not only the interest of the college/students
but also the maintenance of proper standard of technical Education. The
application for extension of Parshvanath (Supra) has been entertained and for
the Academic Session 2022-23, the time limit for sanction/approval is up to
10.12.2022.
18.
The judgment of Delhi High Court in the case of Anjali (Supra) has not
laid down correct law because the judgment of Parshvanath (Supra) and the
cut off date in Misc. Application No.1655 of 2022 in Civil Appeal No.9048 of
2012 fixed by Hon'ble Supreme Court has not been decided and discussed.
The law declared by Hon'ble Supreme Court is the law of land and it is
binding under Article 141 of the Constitution of India. I am not in agreement
with the judgment of Anjali's case (Supra). The case of Irinjalakuda
Diocesan (Supra) will not be applicable in the present case. The law declared11
by the Supreme Court in Parshvanath's case and the cut off date fixed by
Hon'ble Supreme Court cannot be interfered and it is not within the domain
of the Court to interpret the judgment of Hon'ble Supreme Court. The cut off
date has been fixed in Misc. Application No.1655 of 2022 in Civil Appeal
No.9048 of 2012 in the case of Parshvanath (Supra) which is a law declared
by Hon'ble Supreme Court and the same is binding on the Court.
19.
The other judgment cited by Dr.L.P. Mishra i.e. Asha (Supra) is also not
applicable in the present case due to the reasons discussed hereinabove. The
co-ordinate Benches of this Court in the case of Garima and Vibhuti Pandey
(Supra) have taken view that the cut off date as prescribed by Hon'ble
Supreme Court cannot be extended.
20.
In view of the aforesaid discussions, this Court cannot interfere in the
time schedule stipulated by Hon'ble Supreme Court in Misc. Application
No.1655 of 2022 in Civil Appeal No.9048 of 2012 and the time schedule
fixed by Hon'ble Supreme Court is law declared under Article 141 of the
Constitution of India.
21.
In view of the aforesaid discussions, all the writ petitions are dismissed.
No order as to costs.
Order Date :- 09.1.2023
Pks
