Rajasthan High Court - Jodhpur
Nathdwara Law College vs State Of Rajasthan ... on 21 March, 2023
Bench: Pushpendra Singh Bhati
[2023/RJJD/007162]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 18622/2022
Nathdwara Law College, Through Its Principal Dr. Harish Kumar,
S/o Shri Bharathari, Aged About 39 Years, Having Its Office At
Nathdwara Law College, Upali Oden, Nathdwara, District
Rajsamand.
----Petitioner
Versus
1. State Of Rajasthan, Through Commissioner, College
Education, Commissionerate, Jaipur.
2. Dr. Bhimrao Ambedkar Law University, Jaipur, Rusa
Bhawan, Shiksha Shankul, Jcn Marg, Jaipur, Through Its
Registrar.
3. Bar Council Of India, Through Its Secretary, 21, Rouse
Avenue, Industrial Area, Near Bay Bhawan, New Delhi
110002.
----Respondents
For Petitioner(s) : Mr. Harish Kumar, Principal of
Nathdwara Law College, present in
person
For Respondent(s) : Mr. Aayub Khan, Registrar of Dr.
Bhimrao Ambedkar Law University,
present in person
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
21/03/2023
The lawyers are abstaining from the work due to strike.
Mr. Harish Kumar, Principal of Nathdwara Law College and Mr.
Aayub Khan, Registrar of Dr. Bhimrao Ambedkar Law University
are present in person before this Court and jointly submitted that
the controversy in question is squarely covered by the order
rendered by the Division Bench of this Hon'ble Court in D.B.
Special Appeal Writ No.16/2023 (Dr. Bhimrao Ambedkar
Law University, Jaipur & Anr. Vs. Kautilya Law College &
Anr.) decided on 25.01.2023. The order dated 25.01.2023 reads
as under :
[2023/RJJD/007162] (2 of 3) [CW-18622/2022]
"1. Heard Mr. Ajit Maloo, learned counsel appearing for
the appellant and Mr. Kapil Gupta, learned counsel for
the respondent.
2. The appellant-University has challenged the judgment
and order dated 30.11.2022 passed by the learned
Single Judge allowing the writ petition of the
respondents and directing the University to issue
affiliation certificate to the respondents for the academic
session 2022-23 within a period of 30 days.
3. The respondent-Law College applied for the grant of
affiliation to the University for the academic session
2022-23. Since, the University failed to consider the
matter, the respondentCollege filed the writ petition.
4. The submission of learned counsel for the appellant is
that a time schedule was framed for submitting
documents for the purposes of seeking affiliation. The
respondent-Law College had not submitted the NOC
from the Government by the fixed date as well as the
certificate from the Bar Council of India.
5. The learned Single Judge has allowed the writ petition
holding that Bar Council has given the approval
certificate for running two sections of 60 students each
in three year LL.B. course for the session 2022-23 on
29.08.2022 and the NOC was given by the State
Government on 15.11.2022, therefore, since all the
formalities have been completed and the respondent-
Law College cannot be blamed for delaying the process
of issuing the NOC and the period of admitting the
students was extended up to 30.11.2022, there
remained no discrepancy for not granting affiliation.
6. Learned counsel for the appellant-University has
placed reliance upon the Minutes of the second meeting
of the adhoc Board of inspection for the academic
session 2022-23 held on 22.06.2022 and in respect of
the respondent-College has pointed out that the
approval of the BCI was to be submitted by 20.08.2022
and so also the NOC filed by the State Government.
7. The approval certificate of the BCI was issued and
submitted on 29.08.2022 which was beyond the cut off
date provided for submitting the same and in such
circumstances, the Writ Court could not have issued
directions straightway for granting the affiliation.
8. The NOC by the Government was also issued on
15.11.2022 much after the respondent-Law College had
[2023/RJJD/007162] (3 of 3) [CW-18622/2022]
applied for granting of affiliation. No doubt the
respondent-Law College has completed the necessary
formalities for the grant of affiliation for the session
2022-23 for running two sections of 60 students in three
year LL.B. course but the fact remains whether the said
formalities have been completed within the time
schedule provided by the appellant-University.
9. In view of the various decisions of the Apex Court
which in academic matters directs for strict adherence of
the time schedule, we are of the opinion that the Writ
Court ought not to have issued the directions
straightway for granting of affiliation certificate rather
ought to have directed the appellant-University to
consider the grant of the affiliation certificate within a
time bound period keeping in mind the observations if
any made by the Court.
10. In view of the aforesaid facts and circumstances, we
modify the order dated 30.11.2022 passed by the Writ
Court and direct that the appellant-University shall
consider the matter of grant of affiliation to the
respondent-Law College for the academic session 2022-
23 within a period of 30 days from the date the copy of
this order as produced before it and in case the
respondent-Law College is found eligible for the grant of
affiliation, the necessary affiliation certificate be issued
to it forthwith without any delay.
11. The appeal is disposed of accordingly."
In light of the aforequoted order, the present writ petition is
disposed of in the same terms. However, the respondents are
directed to adhere with the conditions/directions given in the case
of Dr. Bhimrao Ambedkar Law University (supra) for the
present petitioner also.
All pending applications stand disposed of.
(DR.PUSHPENDRA SINGH BHATI),J
70-AnilKC/Sudheer/-
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