Gujarat High Court
Shri Sharda Education Trust ... vs State Of Gujarat on 16 November, 2021
Bench: Bhargav D. Karia
C/SCA/14585/2020 JUDGMENT DATED: 16/11/2021
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 14585 of 2020
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR. JUSTICE BHARGAV D. KARIA
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1 Whether Reporters of Local Papers may be allowed
to see the judgment ?
2 To be referred to the Reporter or not ?
3 Whether their Lordships wish to see the fair copy
of the judgment ?
4 Whether this case involves a substantial question
of law as to the interpretation of the Constitution
of India or any order made thereunder ?
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SHRI SHARDA EDUCATION TRUST SANCHALIT SHRI G H PATEL
COLLEGE OF EDUCATION
Versus
STATE OF GUJARAT
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Appearance:
MS MAMTA R VYAS(994) for the Petitioner(s) No. 1
MR DHAWAN JAYSWAL, ASST. GOVERNMENT PLEADER/PP(99) for the
Respondent(s) No. 1
MR SIDDHARTH H DAVE(5306) for the Respondent(s) No. 2
NOTICE SERVED BY DS(5) for the Respondent(s) No. 3
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CORAM:HONOURABLE MR. JUSTICE BHARGAV D. KARIA
Date : 16/11/2021
ORAL JUDGMENT
Heard learned advocate Ms.Mamta Vyas for the
petitioner, learned Assistant Government Pleader
Mr.Dhawan Jayswal for the respondent No.1 and
C/SCA/14585/2020 JUDGMENT DATED: 16/11/2021
learned advocate Mr.Siddharth Dave for the
respondent No.2.
2. By this petition under Article 226 of the
Constitution of India, the petitioner has prayed
for the following reliefs :
"(A) Your Lordships may be pleased to issue a writ
of mandamus or any other appropriate writ, order or
direction quashing and setting aside the
letter/order dated 26/10/2020 and Resolution No.106,
dated 20/10/2020 passed by the Respondent no.2 and
further be pleased to direct the respondents No.2 &
3 to include the name of the petitioner college in
the list of approved colleges for allotment of
students through Central Admission process and to
allot the students under Centralized Admission
process tot he petitioner institution for the year
2020-21 for the B.Ed. Course;
And / or
(B) Your Lordships may be pleased to issue a writ of
mandamus or any other appropriate writ, order or
direction permitting the petitioner institution to
admit the students on its own and further be pleased
to direct the Respondent No.2 and 3 to approve the
admission of the students for all purposes;
(C) Pending admission, hearing and final disposal of
the present petition, be pleased to stay the
operation, implementation and execution of order
dated 26/10/2020 and further be pleased to direct
the respondent No.2 and 3 to include the name of the
petitioner college in the list of approved colleges
for allotment of students and to allot the students
under Centralized Admission process to the
petitioner institution for the year 2020-21 for the
B.Ed. Course;
(D) Be pleased to award the cost of this petition.
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(E) Be pleased to pass such other and further relief
as may be deemed just and proper by your Lordships
in the facts and circumstances of the case."
3. The brief facts of the case are as under :
3.1 The petitioner institution was granted
recognition in the year 2007 by the National
Council for Teachers Education (for short "NCTE")
for starting the B.Ed. course with intake of 100
students.
3.2 The petitioner institution is affiliated
with the respondent No.2 - Hemchandracharya North
Gujarat University.
3.3 In view of the amendment of National
Council for Teachers Education Act, 2014 revised
recognition order was granted by NCTE on 18th
August, 2016 and thereby, the B.Ed. course of two
years duration with annual intake of 100 students
i.e. two basic units of 50 students each was
granted.
3.4 It is the case of the petitioner that
show-cause notice dated 5th February, 2019 was
issued to all the institutions in the Gujarat
including the petitioner institution and one unit
of 50 students was continued considering the
staff profile and another unit of 50 students was
pending with the NCTE.
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3.5 In the academic year 2019-20, the
respondent University under Centralized Admission
process allotted 50 students to the petitioner
institution including 55 students of Economically
Weaker Section (EWS) and thereafter, such
students were pursuing their studies with the
petitioner institution.
3.6 The petitioner institution in the year
2020-21 invited applications pursuant to the
advertisement issued by the University for
admission in B.Ed. course and accordingly, the
students give the choice with the petitioner
college as the first preference in the forms
which are filled in by them. Such forms were to
be verified on or before 20th October, 2020 by the
respondent No.2 - University for allotment of the
students to the petitioner institution, however,
the Executive Committee member of the University
Shri Shaileshbhai Patel along with other two
members without any intimation, visited the
petitioner's college on 16th October, 2020. The
Chairman of the petitioner institution had made a
complaint alleging serious illegalities,
misappropriate of funds and favouritism in
appointment of clerks in the University against
Shri Shaileshbhai Patel as well as against the
other officials of the University and has also
filed petitions before this Court being Special
Civil Applications Nos.22328/2019, 16184/2019 and
C/SCA/14585/2020 JUDGMENT DATED: 16/11/2021
15752/2019.
3.7 It is the case of the petitioner that
the year 2019-20 had already commenced when Local
Inspection was carried out under the leadership
of Shri Shailesh Patel as appointed by the
University for the year 2019-20 with an intention
to make a negative report against the petitioner
institution in breach of the rules to inform the
concerned institution in advance for the visit of
Local Inspection Committee (for short 'LIC'),
however, no such intimation was given to the
petitioner institution and it was also alleged by
the petitioner that no report was prepared at the
site of the college nor any signature of the
college authority was obtained by the members of
the LIC on 16th October, 2020. It was also alleged
in the petition that such inspection was done so
as to deprive the petitioner institution from
getting the students on 20th October, 2020 which
was the last date for submissions of the forms.
3.8 The petitioner institution thereafter,
immediately vide letter dated 19th October, 2020
made a representation before the respondent No.2
- University that Shri Shaileshbhai Patel was
having a biased mind and had submitted the report
against the petitioner institution since the
Chairman of the petitioner institution had made
complaints against him by filing various
petitions before this Court.
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3.9 On 21st October, 2020 the name of the
petitioner institution was scored out from the
list of approved colleges so as not to allot the
students to the petitioner institution for the
year 2020-21.
3.10 The respondent No.2 - University vide
letter / order dated 26th October, 2020 informed
the petitioner institution that the affiliation
of the petitioner institution was cancelled for
the year 2019-20 due to various deficiencies
pointed out by the LIC carried out on 16th
October, 2020. The petitioner has therefore,
preferred this petition being aggrieved by the
aforesaid letter/ order dated 26th October, 2020.
3.11 This Court (Coram: Honourable Ms.Justice
Bela M. Trivedi) passed the following order on 4th
December, 2020 :
"1. Heard learned Advocates appearing for the
parties.
2. RULE. Learned AGP Mr. Adityasinh Jadeja waives
service of Notice of Rule on behalf of the
respondent No. 1. Learned Advocate Mr. Siddharth
Dave waives service of Notice of Rule on behalf of
respondent Nos. 2 and 3.
3. After the preliminary hearing, it appears
that the matter requires to be heard at length.
Learned Advocate Ms. Vyas appearing for the
petitioner-College states that the last round of
admission is likely to be held on 05.12.2020, which
statement is disputed by the
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learned Advocate Mr. Dave for the University. Be
that as it may, if any round of admission is still
to beheld for the B.Ed Course for the academic year
2020-2021, the respondent Nos. 2 and 3 shall allot
the students, if they have given preference for
the admission in the petitioner's College, under the
centralized admission process for the said Course,
however the University as well as the petitioner-
College shall inform the students, if any, taking
admission in the petitioner's College to the
effect that such admission shall be subject to the
outcome of the present petition and such
student/students shall not claim any equity merely
because they are given admission by virtue of the
present interim order."
3.12 It appears that pursuant to the
aforesaid order, the petitioner institution
admitted the students contrary to the stand taken
by the respondent No.2 - University that the
admission process was over when this Court passed
the order on 4th December, 2020.
3.13 It appears that the petitioner
institution did not take any action till June,
2021 but, when the semester for the year 2020-21
came to an end and the students were not subject
to appear in the examination conducted by the
respondent No.2 - University, the petitioner
institution filed the Civil Application (For
Direction) No.1 of 2021 with a prayer to direct
the respondent No.2 - University to forthwith
register the names of 46 students for B.Ed. Sem-I
and further to direct the respondent - University
to permit the students to appear in online Mock
test scheduled on 23rd to 25th June, 2021. This
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Court after hearing both the sides passed the
following order on 23rd June, 2021 :
"Heard learned advocate Ms.Mamta Vyas for the
applicant, learned Assistant Government Pleader Ms.
Nidhi Vyas for the respondent State and learned
advocate Mr.Siddharth Dave for the respondent No.2.
2. The applicant- original petitioner- College has
filed this Civil Application praying as under.
"to direct the University to forthwith register
the names of 46 students for B.Ed. Sem-I and
further be pleased to direct the University to
permit the students to appear in online Mock
test scheduled on 23 to 25 June, 2021."
2.1 As far as the main Special Civil Application is
concerned, the dispute is about affiliation of the
applicant- College with the University for the
academic year 2019-2020. It appears that the College
was not allotted the students as certain queries
were raised by the University.
3. The petitioner has prayed to set aside Resolution
dated 20.10.2020 and order dated 26.10.2020 passed
by the respondent No.2 University. It is prayed to
include the name of the petitioner College in the
list of approved colleges for allotment of students.
It is also prayed to admit the students and direct
the respondent University to approve the admission
of the students.
4. In this application it was contended that the
mock test for B.Ed students is going to take place
to be conducted by University on 23.6.2021 to
25.6.2021. From the record of the Civil Application
it was pointed out that the application forms as
well as registration forms of total 46 students have
been deposited by College in the University. It was
stated that in view of the COVID-19 situation, the
education is imparted online. It is reflected in
letter dated 5.1.2021 addressed by applicant-College
to the University. Learned advocate for the
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applicant stated that registration fees were also
paid along with depositing of the forms.
4.1 In light of the above, prayer is made in this
Civil Application to direct University to permit 46
students to appear in online mock test. It was
stated by learned advocate for the applicant that
names of students are available with the University
which was already sent by her. She further stated
that she will be making available such names to
learned advocate for the respondent No.2 for ready
reference today itself.
4.2 Learned advocate for the respondent No.2
however, disputed the contents of aforesaid letter
dated 5.1.2021. Learned advocate for the respondent
No.2 objects to grant of prayer stating that forms
are not liable to be accepted looking to the aspect
that the examination are on going and the
petitioners were intimated at the last moment.
5. Non grant of interim relief will render the
petition infructuous and jeopardize the career of
the students and they will have to suffer for the
dispute between the College and University.
6. It is therefore directed by way of ad-interim
relief that the University shall permit 46 students
for B.Ed Sem-1 to the online mock test scheduled to
be held between 23.6.2021 to 25.6.2021. It is
clarified that permission to the students to appear
in the examination by this Court shall not create
any right or equity in respect of the prayers made
in the main petition. Result of all the petitioners
shall not be declared till the final disposal of the
main petition.
7. The present Civil Application stands disposed of.
Direct service today is permitted. In addition,
learned advocate for the respondent No.2 shall
convey about this order to the University."
3.14 Pursuant to the aforesaid order, the
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students to appear in the online Mock test
scheduled to be held between 23rd June, 2021 and
25th June, 2021.
3.15 Thereafter, the petitioner institution
filed the Civil Application No.2 of 2021 with a
prayer to direct the University to declare the
results of the students who have been permitted
by this Court to appear in the examination held
in June, 2021. This Court passed the following
order on 27th September, 2021 :
"Heard learned advocate Ms.Mamta Vyas for the
petitioner/applicant and learned advocate
Mr.Siddharth Dave for the respondent No.2.
Learned advocate Mr.Dave appearing for the
respondent No.2-University states that the result of
the 46 students who have been permitted by this
Court to appear in the Examination held in June,
2021 shall be declared before 30th September, 2021.
After hearing the learned advocates for the
respective parties, the respondent-University is
directed to appoint a local inspection committee
with prior intimation and carry out inspection of
the B.ed. College run by the petitioner Trust before
30th September, 2021.
Stand over to 1st October, 2021."
3.16 Learned advocate Mr.Dave appearing for
the respondent No.2 - University placed on record
the report of the Local Inspection carried out on
20th September, 2021 pointing out various
deficiencies which were agreed to be removed by
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the learned advocate for the petitioner. An
undertaking to that effect was also agreed to be
filed. This Court passed the following order on
6th October, 2021 :
"Heard learned advocate Ms. Mamta R. Vyas for the
petitioner and learned advocate Mr. Siddharth H.
Dave for respondent no.2.
Pursuant to the order passed by this Court on
27th September, 2021, the respondents have carried
out the local inspection of the college run by the
petitioner-trust.
Learned advocate Mr.Dave has placed the report
of the local inspection carried out on 28th
September,2021 which is taken on record. In such
report, the following deficiencies are pointed out :
The petitioner college is not having the approved
teaching staff.
Psychology lab is not available. Staff room is
not there.
Fire safety of the college building is not
available.
Building Use Permission of college building is not
placed before the Committee.
There is no facility of girls' room.
Learned advocate Ms. Vyas has tendered further
affidavit which is ordered to be taken on record.
Learned advocate Ms. Vyas further states that
discrepancies pointed out by the local inspection
Committee shall be cured within a period of one week
from today and an undertaking to that effect shall
be filed by the petitioner before this Court by
tomorrow i.e. 7th October, 2021.
On filing of such an undertaking, the
University shall allot the students to the
petitioner-college for the academic year 2021- 2022.
The students who are allotted to the petitioner-
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college shall also be informed about the pendency of
this petition.
Stand over to 20th October, 2021."
3.17 Thereafter, on 27th October, 2021 a
request was made to extend the time to remove the
deficiencies pointed out by the respondent No.2 -
University as recorded in the order dated 6th
October, 2021, which was permitted to be removed.
The time was extended up to 15th November, 2021 by
the following order dated 27th October, 2021
passed by this Court :
"1. Heard learned advocate Ms. Mamta Vyas for the
petitioner, learned Assistant Government Pleader Mr.
Dhawan Jayswal for the respondent-State and learned
advocate Mr. Siddharth Dave for respondent No.2.
2. Learned advocate Ms. Vyas has tendered further
affidavit wherein it is explained the circumstances
for the delay in removing deficiencies pointed out
by the respondent-University, as recorded in order
dated 06.10.2021.
3. Considering the explanation given in the further
affidavit, time to remove the deficiencies pointed
out by the University is further extended upto
15.11.2021.
Stand over to 16.11.2021."
4. Today, when the matter was called out,
learned advocate Ms.Vyas for the petitioner
institution has tendered a further affidavit
placing on record the appointment order issued to
the relevant candidates who were selected by the
duly constituted committee consisting of the
representatives of the petitioner institution as
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well as the respondent No.2 - University in
accordance with the rules. It was further
submitted that entire file was sent to the
University on 26th October, 2021, however, no
further process is done by the respondent No.2 -
University till date even after 20 days.
4.1 It was submitted by learned advocate
Ms.Vyas that the respondent No.2 - University has
acted with a grudge against the petitioner
institution as the Chairman of the petitioner
institution has filed complaints against the
office bearers of the respondent - University
making allegations of corruption against them and
has also initiated proceedings before this Court
by filing writ petitions and because of such
action of the Chairman of the petitioner
institution , the respondent - University and
office bearers have taken adverse approach
against the petitioner institution by conducting
local inspection on 16th October, 2020 for the
academic year 2019-20 without informing the
petitioner institution and submitted a deficiency
report based upon which the name of the
petitioner institution was struck off from the
list of approved colleges for allotment of the
students for the academic year 2020-21.
4.2 It was submitted that it is not in
dispute that the students were permitted to be
admitted for the academic year 2019-20 by the
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respondent - University in the year 2019,
however, by conducting the local inspection for
the year 2019-20 in October, 2020 pointing out
deficiencies, the respondent - University could
not have denied the admission for the academic
year 2020-21.
4.3 It was further submitted that the
respondent - University has also permitted the
petitioner institution to remove the deficiencies
pursuant to the order passed by this Court and
accordingly, all the deficiencies which were
pointed out by the joint report of the LIC
submitted under the leadership of Mr.Shaileshbhai
Patel, were also removed and as on today no
deficiency exists as pointed out by the LIC. It
was also pointed out by the learned advocate
Ms.Vyas that the LIC report which is placed on
record by the respondent - University before this
Court on 27th September, 2021 also shows the
deficiencies for the year 2019-20 in the year
2021 and therefore, such report is also not in
accordance with the rules and regulations of the
NCTE Act as the respondent - University
cannot conduct inspection for the year 2019-20 in
the year 2021.
4.4 It was therefore, submitted that in such
circumstances, as the facts of the case shows the
malafide intention of the respondent No.2 -
University to harass the petitioner institution
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by denying admission to the students in the B.Ed.
course, the impugned orders are required to be
quashed and set aside. It was further submitted
that as per Section 35 of the Hemchandracharya
North Gujarat University Act, Rules and Statute,
the power to deny the affiliation is not with the
University and the Executive Committee could not
have denied affiliation in view of Section 35(iv)
(v)(vi)(vii) and (viii) of the said act. It was
submitted that the powers are with the State
Government and therefore, the action of denying
the admission for the year 2020-21 was illegal
and arbitrary. It was also pointed out from the
facts of the case that the respondent -
University has acted with a malafide intention
against the petitioner institution by denying
affiliation for the year 2019-20 in the year 2020
by conducting local inspection on 16th October,
2020 for the year 2019-20.
5. On the other hand, learned advocate Mr.Dave
appearing for the respondent No.2 - University
submitted that it is an admitted fact that the
petitioner institution was having deficiencies as
pointed out in the local inspection carried out
on 16th October, 2020. Learned advocate Mr.Dave
submitted that the deficiencies pointed out in
the LIC report is not denied by the petitioner
institution as the petitioner has filed an
undertaking before this Court to remove such
deficiencies. Learned advocate Mr.Dave relied
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upon the following averments made in the
affidavit-in-reply filed on behalf of the
respondent No.2 - University :
"3. I am filing this affidavit-in-reply for the
limited purpose of opposing the admission of the
present petition and grant of any ad-interim relief
or interim relief in favour of petitioner and I
reserve my right to file further and detail reply if
necessary at a later stage during the pendency of
the present petition. Contents of reply are made
without prejudice to each other.
4. The answering respondent would reserve its right
to file detailed parawise reply. However, the
answering respondent would raise following
preliminary objections as well as factual aspect of
the matter which would go to show that the
petitioner is not entitled to any relief whatsoever
claimed in the present petition.
5. The petitioner herein has not stated true and
correct facts before this Honourable Court. The
petitioner has kept back and suppressed certain
facts, evidences and details, which petitioner is
fully aware of.
6. The petitioner has suppressed the material fact
that the petitioner trust has mortgage the property
of the trust in which the petitioner is running the
institution. The petitioner has also not stated fact
at present there is no affiliation granted to the
petitioner. Therefore, the petitioner is not
entitled to an admission without valid affiliation.
7. The present petition as titled under Article 226
of the Constitution of India seeking mandamus
against the respondent university in the nature of
permitting to admit the students without affiliation
may not be entertained and deserved to be dismissed.
8. The respondent University has suspended the
affiliation of the petitioner institution which was
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granted for the last academic year vide its
communication dated 26-10-2020. The University has
not cancelled the affiliation, it has suspended the
affiliation which was granted for the last academic
year because of non compliance of the requirements.
The University is well within a power to verify the
aspects as specifically reflected in the UGC
regulations and pass such an order of suspension of
affiliation. That even the UGC regulations which is
the central enactment would prevail over all the
state enactment and therefore, even as per the UGC
regulations more particularly as per the regulation
no. 4.9, the syndicate / executive council of the
University shall be the ultimate to decide granting
or not granting affiliation. Therefore, contention
of the petitioner that the University does not have
any jurisdiction to suspend the affiliation is
contrary to the UGC Regulations and the petitioner
is not entitled to any relief contrary to the said
regulations which is binding to University as well
as to the petitioner institution.
9. It is submitted for the past academic year,
another trust namely, Santokben Ishwarbhai Patel
Trust, run and managed by the very same person has
field petition being Special Civil Application No.
12867 of 2018 as the affiliation was not granted to
the Trust for Nursing Course. In the said petition,
the concerned petitioner institution has sought the
writ of mandamus seeking direction that the
university be directed to grant the affiliation to
the petitioner institutions. This Hon'ble Court vide
its common oral judgment dated 24.12.2018 passed in
Special Civil Application No. 16690 of 2018 and
other group of matters wherein the Hon'ble Court has
been pleased to dismissed the said petitions
observing that the Mandamus cannot be issued
directing the University to Grant the Affiliation.
Copy of the said common oral judgment dated
24.12.2018 is annexed hereto and marked as Annexure-
I to this reply. It is submitted that the concerned
institutions have filed an appeal being Letters
Patent Appeals before the Hon'ble Division Bench,
challenging the said oral judgment 24.12.2018.
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However, there is no stay granted against the common
oral judgment dated 24.12.2018 and the said Letters
Patent Appeals are pending.
10. It is submitted that, the University is bound to
follow the UGC Regulations, 2009 as well as the NCTE
regulations. That the requirements as prescribed
under the said regulations, 2009 is require to be
followed mandatorily. That Regulation No. 3 of the
said UGC Regulations clearly go to show that the
requirement / relevant criteria for seeking
affiliation. The University is require to follow the
UGC regulations. Even the said regulations is
binding to the institution also. That all the
institution seeking temporary affiliation has to
follow the procedure and requirements as prescribed
under the UGC Regulations. That as per the said
regulations, the institution is require to seek
affiliation every year for temporary affiliation and
as per the said regulations no student shall be
admitted to any programme of study by the college in
anticipation of grant of affiliation. Further, as
per the UGC regulations, it is for the University to
grant or not to grant the affiliation. Therefore,
the petitioner is not entitled to an admission
contrary to the said regulations. Copy of UGC
Regulations, 2009 is annexed hereto and marked as
Annexure--"II" to this reply.
11. That the petitioner wants to admit the students
without any valid teaching staff as well as
infrastructure facilities and without any valid
affiliation. The petitioner has not been awarded the
affiliation for the current academic year till date.
The petitioner has not sought any relief of granting
affiliation for the current academic year.
12. That for the last academic year affiliation was
granted. However, on subsequent inspection, it is
found that the petitioner is not having sufficient
teach staff as well as other infrastructural
facilities as required. Even the petitioner has
admitted all the deficiencies that petitioner is
running the nursing college in the very same
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building at first floor. Therefore, the petitioner
who has flouted the relevant mandatory requirement
is not entitled to any relief whatsoever, claimed in
the present petition.
13. It is submitted that when the inspection was
carried out, there was no enough teaching staffs
present and the same is clearly reflected in the
impugned order. That even the petitioner has not
denied the said deficiencies in the present
petition.
14. That the petitioner has sought prayer to admit
the students on its own which is not permissible.
The petitioner is not entitled to any admission
without having valid affiliation and in absence of
any teaching staffs.
15. It is submitted that regulations frame by the
NCTE is also binding to the present petitioner as
well as the respondent university. That as per the
requirements of NCTE as well UGC Regulations, the
petitioner institution is require to have the
requisite facilities and. It is matter of fact that
the petitioner is not having any such facilities as
well as not having any such valid required teaching
staff. The petitioner has not produced any document
showing that the petitioner is having require staff
and other facilities as mandatorily required.
Therefore, in absence of any such facilities, the
petitioner is not entitled to admit the students as
alleged at all.
16. That the petitioner has not produced any details
showing the teaching faculty. That teachers as per
the list given by the petitioner institution to the
University showing the names of the professors, did
not found available on the occasion, when, the
inspection was carried out. Copy of inspection
report is annexed hereto and marked as
Annexure-"III" to this reply.
17. It is submitted that it would be in the interest
of all the education system to initiate inquiry in
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to this aspect of appointment of such ghost teachers
and if at all, ultimately, it is found that the said
teachers are not regularly attending lectures and
not found available in the institution, it is most
humbly requested to take serious view in the matter
and to take appropriate stringent steps against such
institution and to impose exemplary costs to the
petitioner institution to secure the better quality
of education as the students of B.Ed. Would be the
teachers in future. If, they will not be properly
trained, they would cause more harm to the society
then providing services. At present the latest
inspection report shows that there are no teachers
available with the petitioner institution.
18. That this Hon'ble Court in an identical when the
University has denied the affiliation to the
concerned institution of Nursing College in Case of
SCA NO. 12865 of 2018, has been pleased to dismissed
the petition filed by the petitioner though the
recognition was granted by the Nursing Council and
the concerned institution was directed to first take
care of all the deficiencies and irregularities
point out by the University and therefore, it was
ordered to take fresh decision after fresh
inspection. Therefore, in the present case when such
a serious deficiencies have been found, the same
cannot be ignored and the petitioner may not be
permitted to play with the future of the students by
giving them admission in such a institution where
there is no such facilities are available.
19. That there are serious disputed question of
facts arise with regard to the infrastructural
facilities like the teaching staff and others as
mentioned in the impugned order as well as in the
inspection report. Therefore, the same cannot be
gone into and the petitioner may not be permitted to
admit the students unless and until the institution
fulfills all the requirement of regulations and
norms.
20. Even the petitioner has not produced any
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document showing the NCTE has permitted the
petitioner institution to admit the students in such
a institution after verification of the teaching
staff for the academic year 2020-21.
21. That the petitioner has not sought any relief of
getting affiliation knowing fully well that it has
no adequate facilities including the staff details.
That even as per the NCTE as well as UGC regulation,
admission shall be made by the institution only
after the affiliation by the University. Therefore,
also, in absence of any such facilities as well as
without valid affiliation, the petitioner is not
entitled to any such relief of admitting the
students. That unless and until the affiliation is
granted and the students are admitted after
following due procedure and enrolled with the
University, such a students would not be permitted
to sit in examination and ultimately the students
will be the sufferer because of non compliance of
the petitioner institution. The answering responded
crave leave and rely upon the decision of the
Hon'ble Supreme Court rendered in case of Sunil
Oraon V/s. CBSE & Ors, reported in (2006)13 SCC 673.
Copy of said judgment is annexed hereto and marked
as Annexure -- "IV" to this reply.
22. It is submitted that as far as affiliation for
the academic year 2020-21 is concerned, the
institution is not accorded with the affiliation for
the academic year 2020-21 till date and therefore,
in absence of any such affiliation for the academic
year 2020-21, the petitioner institution is not
entitled to seek mandatory relief to grant admission
into the petitioner institution."
5.1 Referring to the above averments made in
the affidavit-in-reply filed on behalf of the
respondent No.2 - University, it was submitted
that the petitioner institution has not been
awarded the affiliation for the academic year
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2020-21 and therefore, admission of students were
not regularized but, pursuant to the order passed
by this Court on 23rd June, 2021, the students
were permitted to appear in the examination and
such students are still not regularized by the
respondent - University as such the petitioner
institution cannot continue such students in
their college and they are required to transfer
such students so as to see that their academic
year is not wasted. It was also submitted by
Mr.Dave that so far as the academic year 2020-21
is concerned, the petitioner institution is not
granted affiliation by the respondent -
University and therefore, the petitioner college
could not have admitted the students after the
Centralized Admission process was over.
5.2 Learned advocate Mr.Dave placed reliance
on the decision of the Apex Court in case of
Abdul Ahad and Ors. Vs. Union of India and Ors.
rendered on 17th august, 2021 in Review Petition
(Civil) Nos.1835-1836 of 2020 in I.A. No.183249
of 2019 in Special Leave Petition (Civil)
Nos.31037-31038 of 2016. It was submitted that
the Apex Court has dismissed the Review Petition
filed on behalf of the students by holding that
no sympathies can be shown to such students who
have entered through backdoor. It was submitted
that the petitioner institution has admitted the
students through backdoor even after the
Centralized Admission process was over on the
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ground that the academic year of such students
would be wasted and therefore, the admission
given by the petitioner institution cannot be
regularized.
5.3 It was also submitted that even during
the local inspection carried out by the
respondent - University on 28th September, 2021,
the deficiencies pointed out in the said
inspection were in existence and thereafter, the
petitioner institution has filed an undertaking
to remove such deficiencies. It was submitted
that though the petitioner has stated by filing
further affidavit that deficiencies have been
removed as on today but, the respondent has not
carried out any inspection to verify such claim
made by the petitioner after last local
inspection carried out on 28th September, 2021.
5.4 Learned advocate Mr.Dave further
submitted that the allegations levelled against
Shri Shailesh Patel by the petitioner institution
are without any basis and only with a view to see
that the deficiencies pointed out by the Local
Inspection Committee in its report are not
required to be complied with, such allegations
are made.
5.5 It was further pointed out that the
petitioner institution was also not having the
requisite staff members. It was also submitted
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that the petitioner institution has failed to
remove deficiencies pointed out by LIC in its
report and in absence of the qualifying teachers
the petitioner institution is playing with the
career of the students. It was submitted that
this fact is now fortified by appointment of 11
teachers by the petitioner institution which are
yet to be approved by the respondent - University
after considering the minimum qualification as
per the NCTE Rules.
5.6 Learned advocate Mr.Dave therefore,
submitted that the petitioner is only desirous to
see that by hook or crook the petitioner
institution continues to run with no proper
facilities as required under the statutes and
rules and without qualified teachers and thereby
the only motive is to earn profit by the
petitioner institution.
5.7 It is also submitted that the allegation
that only the petitioner institution was visited
by the LIC is not true but many other similarly
situated institutions were also visited by the
LIC as pointed out in affidavit-in-reply.
5.8 It was therefore, submitted that as the
petitioner college was having deficiencies since
2019 onwards, which has now been stated to be
removed, should not be permitted to run the
institution.
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6. Having heard the learned advocates for the
respective parties and having considered the
materials on record, it emerges that the
petitioner institution is in existence since 2007
and for the first time in the year 2020, the
deficiencies were pointed out on the basis of the
local inspection carried out on 16th October,
2020. As per the LIC report dated 16th October,
2020 the respondent - University has taken the
decision on 20th October, 2020 by passing the
Resolution No.106 to the effect that the
affiliation of the petitioner institution is
required to be cancelled and accordingly, the
name of the petitioner institution was removed
from the list of approved colleges for admission
for the academic year 2020-21.
6.1 Pursuant to the aforesaid resolution, by
letter dated 26th October, 2020 the petitioner
institution was informed about the deficiencies
which were pointed out by the LIC report dated
16th October, 2020. As per the deficiencies
pointed out in the report of the LIC dated 16th
October, 2020, it appears that the petitioner
college was running on the ground-floor having
two class-rooms only, without any Science Lab,
Computer Lab and there was only one qualified
Lecturer available in the petitioner college.
6.2 This report was objected by the
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petitioner institution on the ground that no
advance intimation was given to the petitioner
institution for such inspection and therefore,
it was disputed that such report was a biased
report as the Chairman of the petitioner
institution has levelled allegations against one
Shaileshbhai Patel, who was one of the members of
the LIC.
6.3 It appears that the petitioner
institution continued with the students who were
admitted by it pursuant to the order passed by
this Court on 4th December, 2020 by which the
petitioner institution was permitted to admit
students on the ground that the Centralized
Admission process was still continuing and
accordingly, the students would be allotted to
the petitioner institution, if they have given
preference for admission in the petitioner
college by informing the students with regard to
the pendency of this petition.
6.4 Similarly, the students who were
admitted by the petitioner institution for the
academic year 2020-21 were also permitted to
appear in the examination as per the order passed
by this Court.
6.5 The local inspection carried out by the
LIC on 28th September, 2021 also reiterated the
deficiencies which were pointed out by it on 16th
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October, 2020. It is pertinent to note that the
local inspection carried out on 28th September,
2021 was for the year 2019-20 which is contrary
to the Rules as such verification could not have
been conducted for the year 2019-20 in the year
2021. It is true that Shri Shailesh Patel was not
one of the members of the LIC which carried
inspection on 28th September, 2021. The
deficiencies pointed out by the LIC on 28th
September, 2021 was agreed to be removed by the
petitioner institution by filing an undertaking
before this Court as per the order dated 16th
October, 2020. Thereafter, the deficiencies are
stated to be removed as explained in further
affidavit affirmed on 19th October, 2021 except
appointment of the teachers.
6.6 In the further affidavit filed today, it
is stated that duly constituted committee,
wherein the expert representative of the
University were also present has done selection
as per the rules by taking interviews for
appointment of 11 teachers and the appointment
orders are issued and thereafter, the petitioner
college has sent the entire file to the
University on 26th October, 2021 for approval of
such appointment of the teachers.
6.7 The aforesaid development has taken
place during the pendency of this petition being
removal of the deficiencies by the petitioner
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institution which were pointed out by the LIC
reports dated 16th October, 2020 and 28th
September, 2021 subject to the approval to be
granted by the respondent - University as per the
NCTE Rules with regard to the appointment of the
11 teachers.
6.8 Therefore, considering the overall facts
of the case, it would be against the interest of
the students who are pursuing their studies with
the petitioner institution to continue the
impugned order dated 26th October, 2020 passed by
the respondent No.2 - University, whereby the
affiliation of the petitioner institution is
ordered to be cancelled in view of the various
deficiencies pointed in LIC report. The students
have continued to take education with the
petitioner institution for the year 2019-20 and
2020-21, and in such circumstances, their future
cannot be jeopardized only on the ground that the
petitioner institution was not having requisite
facilities as pointed in the LIC reports dated
16th October, 2020 and 28th September, 2021 which
have now been stated to be removed by the
petitioner institution as per the further
affidavits filed before this Court.
7. In view of the above, considering peculiar
facts of this case, without entering into the
legality as to whether the petitioner institution
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could have admitted the students in the year
2020-21, as such students have pursued their
studies of B.Ed. course for more than one year,
the respondent No.2 - University is hereby
directed to regularize the affiliation of the
petitioner institution for the year 2019-20 and
2020-21 subject to verification of the
educational qualification of the teachers who are
appointed by the petitioner institution by
granting appropriate approval in accordance with
law.
7.1 For the academic year 2021-22, the
affiliation of the petitioner institution will be
subject to the further verification, if any, to
be carried out by the respondent No.2 -
University in view of the affidavits filed before
this Court for removal of the deficiencies which
were pointed out in the LIC reports dated 16th
October, 2020 and 28th September, 2021. Pursuant
to the interim order dated 6th October, 2021
admission of the students who are allotted /
admitted with the petitioner college for the
academic year 2021-22, shall be regularized by
the respondent No.2 - University subject to the
verification of removal of deficiencies pointed
out in the LIC reports dated 16th October, 2020
and 28th September, 2021. Such exercise shall be
completed by the respondent No.2 - University for
granting approval to the students for the
academic year 2021-22 within a period of three
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weeks from today, so as to see that the future of
the students is also not jeopardized for want of
action on the part of the respondent No.2 -
University.
7.2 With the aforesaid directions, the
petition is partly allowed. Rule is made absolute
to the aforesaid extent.
8. The civil application is also accordingly
disposed of in view of the disposal of the main
petition.
(BHARGAV D. KARIA, J)
dolly
