Madhya Pradesh High Court
Manodeep Higher Education Society vs The Jiwaji University Gwalior on 24 July, 2014
1 W.P.No.3725/2014
Manodeep Higher Education Society
Vs.
Jiwaji University and another
24/07/2014
Shri R.B.S.Tomar, Advocate for the petitioner.
Shri R.S.Sharma, Advocate for the respondents.
Heard.
The petitioner has filed this petition for a relief that the respondent University be directed to conduct examination of the students of M.Ed. course admitted in the petitioner institution in the academic session 2012-13.
This petitioner institution was granted recognition vide order dt.25.8.2008 to conduct M.Ed. course, since then the institution has been conducting the examination and admitting the students.
The petitioner was also granted affiliation by the University to admit students in M.Ed. course. It admitted the students in the academic session 2012-13. The university initially issued time table to conduct examination of the course in the month of August 2013. Subsequently the date of examination was extended. The petitioner institution did not receive accreditation from NAAC on or before 1.4.2012. Consequently, the WRC passed an order of withdrawal of recognition of the petitioner institute, thereafter, the petitioner filed a writ petition before this court. It was 2 W.P.No.3725/2014 registered as W.P.No.3131/2014 and this court allowed the petition and quashed the order of withdrawal of recognition.
The grievance of the petitioner in this petition is that in spite of that, the University has not conducted the examination of M.Ed. course of the students of the petitioner institution, which is arbitrary and illegal.
The University in its reply admitted the fact that the recognition withdrawn earlier by the WRC has subsequently been restored. It is further pleaded by the University that the University decided to obtain opinion from the NCTE, however, the opinion still has not been received and the matter is under consideration. It is further pleaded that meeting of the standing committee is going to be held to consider the request of the petitioner institution.
From the facts of the case, it is clear that the petitioner institution admitted the students in M.Ed. course in the academic session 2012-14 when it had recognition and affiliation. Subsequently, the recognition was cancelled by the WRC, however, it was restored in pursuance to the order passed by this court in W.P.No.3131/2014, wherein this court quashed the order of withdrawal of recognition. In such circumstances, the students admitted by the petitioner institution in M.Ed. course in the academic session 2012-13 have a right to participate in the examination and it is the 3 W.P.No.3725/2014 duty of the University to hold the examination.
Consequently, the petition is allowed. The respondent University is directed to take necessary steps so the examination of M.Ed. course of the students of the petitioner institution for the academic session 2012-13 could be held, as early as possible preferably within a period of six weeks from the date of receipt of copy of the order.
No order as to costs.
(S.K.Gangele) (S.K.Palo)
Judge Judge
SP