Madhya Pradesh High Court
Sandeep Kumar Patel vs Higher Education Department on 16 August, 2018
Author: P. K. Jaiswal
Bench: S. K. Awasthi, P. K. Jaiswal
1
W. P. No.8742 of 2018 & another
THE HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE
Division Bench : Hon'ble Shri Justice P.K. Jaiswal &
Hon'ble Shri Justice S. K. Awasthi, JJ.
W. P. No.8742/2018
(Sandeep Kumar Patel & others vs. Principal Secretary, Higher
Education Department & others)
&
W. P. No.9218/2018
(Govind Parmar & others vs. Principal Secretary, Higher
Education Department & others)
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Shri Ashish Sharma, learned counsel for the petitioners.
Shri Vivek Patwa, learned Government Advocate for the
respondent No.1 - State.
Shri Lokesh Mehta, learned counsel for the respondent Nos.2
and 3.
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ORDER
(Indore, dated :16.08.2018) Per P. K. Jaiswal, J.
Both these writ petitions are heard together and being decided by one common order. For the sake of convenience, the facts are being taken from W. P. No.8742/2018.
2. By this writ petition, under Article 226 of the Constitution of India, the petitioners are praying for the following reliefs :-
a) To direct the respondent No.2 University to declare the results of 1st and 2nd Semester of the B.Ed. Examination of the petitioners.
b) To direct the respondent No.1 and respondent No.2 University to transfer the petitioners to any other affiliated 2 W. P. No.8742 of 2018 & another college, in case, if the affiliation of the respondent No.4 College is not renewed.
c) To award the compensation in favour of the petitioners and it is to be recovered from all the respondents.
d) The respondent No.1 may be directed to make the applicable polices looking the circumstances of the present case.
e) To pass any order, direction, writ or any other relief as may be deemed fit and proper in the facts and circumstances of the case in favour of the petitioners.
3. According to the petitioners, they are students of the respondent No.4 - Imperial College of Professional Studies. Their grievance is that due to inter-se dispute between the University and the College in respect of the issue regarding affiliation, the University is not declaring their results and withhold the results of 1st and 2nd Semester Examination for the academic session 2016-17.
4. Learned counsel for the petitioners has also drawn our attention to Clause No.6 of Statute No.27 and has submitted that if the University decided to withdraw the affiliation of the College due to non-compliance of the College Code 28, then such decision shall not affect the interests of the students of the College, who were on its rolls at the time of issue of the order till they pass out the normal duration of programmes to which they were registered. The University/Government shall alleviate the educational future of the affected students in an appropriate manner. Clause No.6 of the Statute No.27, which reads as under :-
In case of an Institution not maintained or managed by Government, the application shall also be accompanied by an undertaking that within three months of the 3 W. P. No.8742 of 2018 & another admission of the Institution to the privileges of the University, the institution or College shall be controlled by the Governing Body, constituted in accordance with the provisions of the Statute-28 and any change in the composition in respect of the Foundation Society or Founder or any change in the teaching staff shall be reported forthwith to the University.
5. Learned counsel for the petitioners further submit that the respondent Nos.2 and 3 be directed to declare the result and also direct the respondent No.1 - State Government to transfer the petitioners to any other affiliated College, in case, if the affiliation of the respondent No.4 - College is not renewed.
6. Per contra, Shri Lokesh Mehta, learned counsel for the respondent Nos.2 and 3 has drawn our attention to the order dated 07.03.2018 passed in W. P. No.4615/2017 (Imperial College of Professional Studies, Indore vs. State of MP & others) and submits that the writ petition filed by the respondent No.4/College has been disposed of and no interim relief was granted therein nor the College fulfils all the norms as prescribed in NCET Regulation, 2014 and College Code and the present subsequent writ petition filed by the students of the aforesaid College is not maintainable. He has also drawn our attention to the letter dated 10.04.2017 issued by the Higher Education Department, GoMP and submitted that the respondent No.4 was never ready and willing to appoint qualified teachers as per the College Code 28 because it will increase the financial burden. He has also submitted that on 15.02.2017, the respondent No.3/University before granting affiliation to the College appointed the Inspection Committee under Statute No.27 to inspect the site of the College to verify its facilities, interview its principal and teachers and also to verify the compliance of Code 28. The Inspection Committee inspected the petitioner college and its report 4 W. P. No.8742 of 2018 & another recorded that ^^egkfo|ky; }kjk izkpk;Z ,oa f'k{kdksa dh fu;qfDr;kW ,u-lh-Vh-bZ- ekin.Mks ds vuqlkj dkWyst dksM&28 esa dj ikyu izfrosnu fo'ofo|ky; esa tek djus ds mijkar iqu% fujh{k.k fd;k tkosA** The Inspection Committee in its opinion for query (b) running courses recommended/suggested minimum requirement before affiliation recorded a finding that "faculty should be appointed under college code-28".
7. The respondent No.4/College after the repeated reminders not followed the appointments under the College Code 28 and filed the W. P. No.4615/2017 and this Court vide order dated 07.03.2018 disposed of the writ petition of the College directing the College to grant affiliation to the College if the petitioner fulfils all the norms, as prescribed in NCET Regulation, 2014 and College Code 28. Order dated 07.03.2018 passed in W. P. No.4615/2017 reads as under :-
Considering the fact that vide annexure R3/4, the respondent No.3/University, before granting the affiliation to the petitioner College, vide its letter dated 10/01/2017, appointed the Inspection Committee under Statute 27 to inspect the site of the College, to verify its facilities, interview its Principal and Teachers and also to verify the compliances of Code No.28.
The learned counsel has also drawn our attention to clause 5 of the reply (Annexure R-3/5) and submitted that not a single teacher has been selected under code 28 and the inspection committee, in its report Annexure R-3/5, dated 26/05/2017, recommended that faculty should be appointed under College Code 28.
Considering the aforesaid, no case for grant of interim relief is made out. Accordingly, prayer for interim relief is rejected. As the matter is pending before the Respondent No.3(DAVV), let the Authority of the University take appropriate steps and grant affiliation, if the petitioner fulfills all the norms, as prescribed in N.C.E.T. Regulation-2014 and College Code.
With the aforesaid, the petition stands disposed of.5
W. P. No.8742 of 2018 & another
8. Looking to the present facts and circumstances, the decision cited by the learned counsel for the petitioner in the case of Bhaskar Tiwari vs. Jiwaji University & another reported in AIR 2005 MP 110 is distinguishable on facts. The respondents No.4/College also gave consent along with the affidavit that he will follow the norms of College Code 28, but he could not fulfill the norms of the College Code. Due to non-compliance of Statute 28 College Code, the affiliation of the College was not renewed and the result of the students were also not declared. The respondent Nos.2 and 3 referred the matter to the Standing Committee and thereafter the Executive Committee of the University decided that the students can be transferred to any other College as the seats are vacant in number of Colleges. They have filed copy of the proceedings of the Standing Committee and the Executive Committee.
9. In view of the aforesaid, no direction as prayed in this writ petition can be issued. However, the respondent No.2 - University is directed to take appropriate decision for transferring the students to any other College and pass an appropriate order, within a period of 15 days from the date of filing of the certified copy of the order.
10. With the aforesaid, both the petitions are dismissed. No costs. A copy of this order be kept in the record of other writ petition also.
(P. K. Jaiswal) (S. K. Awasthi)
Judge Judge
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Digitally signed by Geeta Pramod
Date: 2018.08.20 11:19:14 +05'30'