Mr. G.K.Nama vs Mr. D.Bhattacharjee
2022 Latest Caselaw 923 Tri

                                    1




                        HIGH COURT OF TRIPURA
                              AGARTALA
                          WP(C) No. 283 of 2022

                               BEFORE

  HON'BLE THE CHIEF JUSTICE MR.INDRAJIT MAHANTY
        HON'BLE MR. JUSTICE S.G.CHATTOPADHYAY

For the Petitioner(s)      :     Mr. G.K.Nama, Adv.

For the Respondent(s)      :     Mr. D.Bhattacharjee, GA.
                                 Mr. D.Sharma, Addl.GA.


                               ORDER

07.11.2022 (Indrajit Mahanty,CJ)

By order dated 29.03.2022, this Court had directed learned

counsel for the State to obtain instruction to the status of representation

said to have been made by the petitioners pursuant to earlier directions

issued by this Court.

Today at the time of hearing, Ld. Addl. Government

Advocate produces the instructions received by him from the concerned

department indicating that the representation filed by the writ

petitioners herein, pursuant to earlier directions issued by this Court,

has been complied with and the representation has been disposed of and

it is claimed that the State Government has informed the learned

counsel for the petitioners with reference to the representation made

vide letter No.F.10(538) /LA/ DHE/2016/17778-17780 dated 18.2.2020

as under:

"...........................................................................................

In view of the representation submitted by the petitioner of case No. W.P.(C)283 of 2022 through his Ld. Advocate following the direction of the Hon'ble High Court in a similar Writ Appeal filed by him vide No. W.A. No.42 of 2016, the Higher Education Department had again reviewed the matter and it has been observed that in view of the judgment of the Hon'ble Supreme Court of India in Writ Petition No. W.P.(Civil)No.19 of 2004 in the matter of Prof. Yashpal and another Vs. State of Chattisgarh and ors., the UGC vide their letter No.F.9-8/2008(CPP-I) dated 17th April, 2009 UGC had directed the State Governments "To stop all State / Private Universities from operation beyond territorial jurisdiction of the State". In compliance to the directions, State Government issued notification in 2011 and was widely published in local daily newspapers also, where direction was given to close down all unauthorized center with effect from 26th March, 2011. The petitioner was knowingly continuing his studies in an unauthorized off-campus centre. The Department further decided that the cut-off date is fixed as 10.07.2013 vide notification No.F.2(317)/DHE/UDCA/2010/Vol-II/5169(105) dated 25.11.2014, as a policy decision through Council of Ministers on humanitarian ground, which stands good. It is clear that State Government has already given enough opportunity and further extension will be against the spirit of

the judgment given by the Hon'ble Supreme Court and also direction of UGC and hence no further modification is required. The matter had been informed to the Ld. Advocate of the petitioner with reference to his representation made vide letter No. F. 10(538)/LA/DHE//2016/17778-17780 dated 18.02.2020.

..........................................................................................."

In view of such submissions recorded hereinabove, the

learned Addl. Government Advocate is directed to instruct his clients to

provide a copy of the disposal of the petitioners' representation and

hand over the same to Sri G.K.Nama, learned counsel for the

petitioners by next Monday (14.11.2022).

With the aforesaid direction(s), the writ petition stands

disposed of.

(S.G.CHATTOPADHYAY), J (INDRAJIT MAHANTY),CJ

Saikat Sarma