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Delhi High Court - Orders

Smt Geeta Bankar Mahila Shikshan ... vs Sh Santosh Kumar Sarangi Chairperson ... on 26 November, 2021

Author: Najmi Waziri

Bench: Najmi Waziri

                              $~ 38 (1)
                              *     IN THE HIGH COURT OF DELHI AT NEW DELHI
                              +     CONT.CAS(C) 877/2021
                                    SMT GEETA BANKAR MAHILA SHIKSHAN
                                    SHASTRA MAHAVIDYALAYA & ANR.            .....Petitioners
                                                 Through: Mr Amitesh Kumar, Advocate.

                                                       versus

                                    SH SANTOSH KUMAR SARANGI CHAIRPERSON NATIONAL
                                    COUNCIL FOR TEACHER EDUCATION & ANR... Respondents
                                                 Through: Ms Kartika Sharma, Advocate.
                                    CORAM:
                                    HON'BLE MR. JUSTICE NAJMI WAZIRI
                                                 ORDER

% 26.11.2021 The hearing has been conducted through hybrid mode (physical and virtual hearing).

CM APPL. 42246-42247/2021 (exemption)

1. Allowed, subject to all just exceptions.

2. The applications stand disposed-off.

CONT.CAS(C) 877/2021

3. Issue notice. Notice is accepted by the learned counsel named above for the respondents.

4. The learned counsel for the petitioners submits that this court's order dated 15.09.2021 in W.P.(C) 10263/2021 was to be complied with by 21.09.2021; that an attempt has been made by the respondents as of last evening to comply with the said order after an unexplained delay of two months; that even in the purported compliance there exists an anomaly, as the recognition of the petitioner is conditional, inasmuch as the website of the respondents says that, "the institute is recognized Signature Not Verified Digitally signed By:KAMLESH KUMAR Signing Date:29.11.2021 15:44:10 till withdrawal order is passed against it". In effect, it is almost as if a withdrawal order is hanging over the petitioner institution and its recognition can be withdrawn any moment. Insofar as the recognition is there, there is no question of withdrawal and if that were to come, it will not be applicable to the petitioner institution. The aforesaid order of the learned Single Judge does not qualify the recognition to be acknowledged in the aforesaid terms. The compliance, therefore, would have to be in terms of the aforesaid order passed in the writ petition. Let the needful be done by the respondents during the course of the day.

5. For aforesaid non-compliance, costs of Rs.15,000/- is imposed upon the respondents to be paid to DCF (West) in the following bank account:

"Government of National Capital Territory of Delhi Pay & Accounts Office No.-XIII Account No.- 5150200009 IFSC Code- RBISONDPA01"

6. The monies so received by the DCF (West) shall be utilised by her/him for purchase of trees preferably from a government owned/run nursery for plantation of trees in the Central Ridge. Depending upon the soil type and topography, the DCF (West) may consider planting the following variety of trees:

                                       (i) Dhau                    (ii) Hingot
                                       (iii) Khair                 (iv) Kumttha
                                       (v) Dhak                    (vi) Phulai
                                       (vii) Kareel                (viii) Salai


Signature Not Verified
Digitally signed By:KAMLESH
KUMAR
Signing Date:29.11.2021
15:44:10
                                          (ix) Kalasiris/safed siris (x) Kaniar
                                         (xi) Pilkhan               (xii) Pisangan
                                         (xiii) Amaltas             (xiv) Chudail papdi
                                         (xv) Ronjh                 (xvi) Bistendu

7. Each tree shall have a minimum of two-years' nursery-age and trunk height of six feet. A compliance affidavit, along with photographs of the plantation, shall be filed both by the DCF and the respondents in four weeks. Copy of this order be served upon DCF (West), GNCTD.

8. A copy of this order be also served upon Mr. Gautam Narayan, ASC, GNCTD, who has been assisting the court in plantation of trees, upon costs being levied on parties.

9. The petition stands disposed-off in terms of the above.

NAJMI WAZIRI, J NOVEMBER 26, 2021/rd Signature Not Verified Digitally signed By:KAMLESH KUMAR Signing Date:29.11.2021 15:44:10