Delhi High Court
Trinity Institute Of Innovation ... vs Ggsip University & Anr on 12 May, 2017
$~58
*IN THE HIGH COURT OF DELHI AT NEW DELHI
+ LPA 357/2017 & CM Nos.17787-88/2017
% Date of decision : 12th May, 2017
TRINITY INSTITUTE OF INNOVATION IN
PROFESSIONAL STUDIES & ANR ..... Appellants
Through : Mr. R.K. Saini, Ms. Asha Jain
Madan, Ms. Minal Sehgal and
Mr. Varun Nagrath, Advs.
versus
GGSIP UNIVERSITY & ANR ... Respondents
Through : Mr. Mukul Talwar, Sr. Adv.
with Mr. Sradhananda
Mohapatra, Adv. for R-1.
Mr. Shadan Farasat and Mr.
Ahmed Said, Advs. for R-2.
CORAM:
HON'BLE THE ACTING CHIEF JUSTICE
HON'BLE MS. JUSTICE ANU MALHOTRA
JUDGMENT (ORAL)
GITA MITTAL, ACTING CHIEF JUSTICE
CM No.17788/2017
Allowed, subject to just exceptions.
The application is disposed of.
LPA No.357/2017
1. By way of this appeal, the appellants assail an order dated 27th
April, 2017 passed in W.P.(C)No.2465/2017.
2. It appears that aggrieved by the action of the Guru Gobind
Singh Indraprastha University ("GGSIP University" hereafter)
(respondent no.1 herein) by refusing to consider the prayer of the
appellants for affiliation of its institution. The appellant no.2
established an institute on the land allotted to it by the Greater Noida
Industrial Development Authority (U.P.) with the intention of
commencing academic activities for the session 2017-18. For this
purpose, the appellants sought affiliation with the GGSIP University -
respondent no.1 which is exercising statutory functions under the
provisions of GGSIP Act, 1998.
3. This application of the appellants to the respondent no.1 for
affiliation of its proposed educational institution was not accepted by
the respondent no.1 for the reason that it had taken a policy decision
not to permit the applications with regard to the institutions located
outside NCT of Delhi. Aggrieved thereby, the appellants filed the
writ petition being W.P.(C)No.2465/2017. This writ petition was
accompanied by an interim application being CM No.17244/2017.
4. The record placed before us would show that apart from the
appellant institution, five other institutions located in the National
Capital Region whose applications for affiliation, were not considered
for the same reasons as the appellants. These institutions have filed
writ petitions being W.P.(C)Nos.2798/2017, 3148/2017, 2377/2017,
2393/2017 and 2955/2017 seeking therein identical prayers as by the
present appellants in W.P.(C)No.2465/2017. Notice to show cause
was issued in these writ petitions including the petitioners in
W.P.(C)No.2465/2017. The respondents which, included the GGSIP
University as well as the Government of NCT of Delhi, as the party
respondents. All these writ petitions were clubbed together for
hearing.
5. Though common time bound directions for completion of
pleadings were given, the pleadings in the matter could not be
completed. On the 27th of April 2017, the ld. Single Judge directed all
the writ petitions to be listed on the 31st of May 2017 at the end of the
Board.
6. Seeking expeditious hearing of the matter, the petitioner, on 4 th
May, 2017, filed an application being CM No.17244/2017, seeking as
prayer (a) pre-ponement of hearing and as prayer (b) appropriate
orders on the application for interim stay. This application was
considered by the ld. Single Judge on 5th of May 2017 who recorded
that the court was not inclined to prepone the date of hearing in view
of the position of the Board. So far as the prayer (b) was concerned,
the ld. Single Judge noted that the previous application for interim
relief being CM No.10633/2017 was already pending and further that
the matter was already listed for 31st of May 2017.
7. The present appeal has been filed by the appellant who
complains that the applicant was entitled to the consideration of the
prayer for interim relief whereby the directions were sought to the
respondent no.1 University to permit the filing of the application for
affiliation and its consideration.
8. We have heard ld. counsel for the appellant at great length. Mr.
R.K. Saini, ld. counsel for the appellants submits that the respondents
have no jurisdiction to restrict the affiliation to institutions within
Delhi and that their action is arbitrary, discriminatory and unfair.
9. It is noteworthy that so far as the impugned order is concerned,
the pre-ponement of hearing was not accepted only in view of the
position of the Board. The ld. Single Judge has also rightly noted that
so far as the interim relief is concerned, the application in this regard
which was filed along with the writ petition being CM
No.10633/2017, was pending. Mr. R.K. Saini, ld. counsel for the
appellants makes a complaint before us that no orders have been
passed on this application. Inasmuch as the application has been filed
along with the writ petition, it appears that the same is intended to be
taken up with the writ petition.
10. The appellant presses the prayer for interim relief before us. A
prayer is made that without prejudice to the rival contentions, the
application of the appellant may be accepted by the respondents and
they be directed to consider the same and to also conduct inspection of
the institution of the appellants.
11. We are also informed that one of the above writ petitioners,
noted above, had filed LPA No.352/2017, Delhi Institute of
Technology & Management v. Guru Gobind Singh Indraprastha
University & Anr. in which on 9th May, 2017, we had recorded the
following order :
"1. The matter shall be posted before the ld. Single
Judge on 25th May, 2017 to enable the parties to make a
request for an expedited hearing, if the Board of ld. Single
Judge permits so.
2. List writ petition being W.P.(C)No.2955/2017 for
directions before the ld. Single Judge on 25th May, 2017.
3. This appeal as well as applications are disposed of
in the above terms.
Dasti to parties."
12. In order to maintain parity of treatment, it is directed that this
matter shall also be placed before the ld. Single Judge on the 25th
May, 2017 to enable the parties to make a similar request as the
appellants in LPA No.352/2017 for expedited hearing, if the Board of
ld. Single Judge permits so.
13. List writ petition being W.P.(C)No.2465/2017 for directions
before the ld. Single Judge on 25th May, 2017.
14. This appeal as well as pending application are disposed of in
the above terms.
Dasti to parties.
ACTING CHIEF JUSTICE
ANU MALHOTRA, J
MAY 12, 2017
aj
1. After we passed the above order, Mr. R.K. Saini, ld. counsel for
the appellants has appeared and requests that the appellants are
suffering extreme loss and prejudice therefore, the date before the ld.
Single Judge may be preponed. Ms. Anita Sahni, Advocate is present
on behalf of the respondent no.1 University.
2. It is accordingly directed that W.P.(C)Nos.2465/2017,
2798/2017, 3148/2017, 2377/2017, 2393/2017 and 2955/2017 be
listed before the ld. Single Judge on the 17th May, 2017 for directions.
3. It shall be the responsibility of Mr. R.K. Saini, ld. counsel for
the appellants to inform about the next date i.e. 17th May, 2017 before
the ld. Single Judge in writing to all the parties in the above
mentioned matters and place the proof of having so informed in the
record of W.P.(C)No.2465/2017.
Dasti under the signatures of Court Master to parties.
ACTING CHIEF JUSTICE
ANU MALHOTRA, J
MAY 12, 2017
aj
