Allahabad High Court
Baba Baijnath Ji P.G. College vs Union Of India And 2 Others on 5 November, 2019
Author: Saumitra Dayal Singh
Bench: Saumitra Dayal Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 59 Case :- WRIT - C No. - 33156 of 2019 Petitioner :- Baba Baijnath Ji P.G. College Respondent :- Union Of India And 2 Others Counsel for Petitioner :- Hari Prakash Tiwari Counsel for Respondent :- A.S.G.I.,Dhananjay Awasthi,Ved Mani Tiwari Hon'ble Saumitra Dayal Singh,J.
1. Learned counsel for the petitioner is permitted to implead Veer Bahadur Singh Purvanchal University, Jaunpur, as respondent no. 4.
2. Heard Sri Hari Prakash Tiwari, learned counsel for the petitioner; Sri Rahul Pandey, Advocate, holding brief of Sri Dhananjai Awasthi, learned counsel for the respondent-N.C.T.E. and; Sri Shyam Singh Yadav, learned counsel for the respondent no. 4.
3. It is an admitted case between the parties that the facts of the present case are common/similar to the facts of Writ - C No. - 27490 of 2019 (Kishori Lal Post Graduate College Vs. Union of India & 2 Ors.) and connected matters, decided by a learned single Judge of this Court by judgement dated 17.10.2019.
4. It appears that the case of the present petitioner does fall under the case described "second set of petitioners", in the aforesaid decision of this Court.
5. In view of such statement made at bar, present writ petition is also disposed of, with the same observations, namely:
"With consent of parties the matter is remitted to the N.C.T.E. to execute the following directions:
1. The NCTE shall afford an opportunity of hearing to all the petitioners, whose applications for grant of recognition, to the ITEP course have been rejected or not considered.
2. The NCTE shall intimate the date of hearing, as well as the name of the authority, before whom the hearing shall be conducted, to each of the said petitioners.
3. The adverse material and proposed reasons for rejection of applications, for grant of recognition to the ITEP Programme, shall be communicated to the concerned petitioners.
4. The petitioners shall, on the appointed date appear before the nominated authority of NCTE, and tender all documents in support of their applications. The nominated authority of NCTE shall grant an opportunity of hearing to every petitioner.
5. The NCTE shall pass a reasoned order in accordance with law, on the validity of the applications of the petitioners for grant of permission of running ITEP Course.
6. A separate order shall be passed in regard to every petitioner and the same shall be communicated to the concerned petitioner.
7. The entire exercise shall be completed period a period of two months from the date of receipt of a certified copy of this order.
It is clarified that this Court has not gone into the veracity of the assertions made in the writ petitions or the claim of the eligibility of the institutions. It is for the competent authority in the NCTE to verify the facts of each case and pass appropriate orders after independent application of mind."
Order Date :- 5.11.2019 Prakhar