WPMS/2775/2021
2021 Latest Caselaw 5313 UK

      IN THE HIGH COURT OF UTTARAKHAND
                          AT NAINITAL
       ON THE 23RD DAY OF DECEMBER, 2021
                               BEFORE:
      HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI

        Writ Petition (M/S) No. 2775 of 2021
BETWEEN:
Roorkee College of Pharmacy, Roorkee                          ...Petitioner
       (By Mr. S.K. Shandilya, Advocate)

AND:

State of Uttarakhand and others                           ...Respondents
       (By Mr. T.S. Phartiyal, Additional Chief Standing Counsel for the State,
       Mr. Bhupesh Kandpal, Advocate for respondent no.2 and Mr. Yogesh
       Kumar Pacholia, Advocate for respondent no.5)


                            JUDGMENT

Petitioner claims to be a minority institution, within the meaning of Section 2 (g) of National Commission for Minority Educational Institutions Act, 2004. According to the petitioner, minority institutions are entitled for rebate to the extent of 25% as per U.G.C. Regulations, 2013 in affiliation processing fee. However, this benefit is not being extended to the petitioner by Uttarakhand Technical University.

2. By means of this writ petition, petitioner has sought a direction to the University to grant rebate as per U.G.C. Regulations, 2013.

3. Learned counsel for the petitioner submits that petitioner has already made a representation but the University has not taken any decision. He, therefore, confines his prayer and submits that petitioner will make fresh

representation within one week from today and the University be directed to take decision thereupon within two weeks thereafter.

4. Accordingly, the writ petition is disposed of with liberty to petitioner to make representation to the University, within one week. If such representation is made within stipulated time period, University shall take decision on petitioner's representation within three weeks thereafter, in accordance with law.

5. Petitioner shall be at liberty to approach the appropriate forum, if rebate is denied to him.

(MANOJ KUMAR TIWARI, J.) Shubham