Madhya Pradesh High Court
Sant Kanwar Ram Shiksha Samiti Dabra Thr vs The State Of Madhya Pradesh Thr on 30 July, 2015
1 WP No. 4521/2015
(Sant Kanwar Ram Shiksha Samiti Vs The State of M.P.)
30.07.2015
Shri Nitin Agarwal, learned counsel for the petitioner.
Shri Sameer Kumar Jain, learned Government Advocate for
respondent Nos.1 and 2.
Shri R.S. Sharma, learned counsel for respondent No.3. Heard on the question of admission.
On behalf of the petitioner Institution, this petition is preferred under Article 226 of the Constitution of India for issuing appropriate writ against the Authority of the respondents for following relief :-
"(I) Order annexure P/1 dated 17.06.2015 passed by the respondent No. 2 whereby NOC has been withdrawn, may kindly be quashed.
(II) Respondent kindly directed to restore the recognition of the petitioner institution for running the B.A., B.Sc., B.Com., PGDCA course, which was mentioned in the order annexure P/1 immediately.
(III) The respondent also may kindly directed to reflect the name of petitioner institution in the list of recognized institution published by the respondent No. 2 on the portal.
(IV) Other relief doing justice including cost be ordered."
After taking us through the petition as well as papers placed on record by referring the letter dated 24.06.2015 sent by the Additional Director, Higher Education, Division Gwalior, to Shri Umakant Pandey, Additional Director, Higher Education, Office of the Commissioner of Higher Education, State of M.P., Bhopal, petitioner's counsel said that according to such inter se correspondence of the State Authorities, it is 2 WP No. 4521/2015 (Sant Kanwar Ram Shiksha Samiti Vs The State of M.P.) apparent that the deficiency whatsoever was made out earlier has been cured by the petitioner Institution, even before filing this present petition, inspite that neither such letter of the Commissioner dated 24.06.2015, Annexure P-12 has been considered by the Authority, nor the name of the petitioner Institution has been included in the list of the Institutions for which the counselling process is being carried out. In continuation, he said that the petitioner institution is qualifying to include its name in the list of the colleges of the admission of the students in the alleged course through counselling process carried out by the State authorities. At this stage on asking the petitioner's counsel that any final decision has been taken by the authorities on aforesaid communication dated 24.06.2015 (Annexure P-12) on which he said that the same is pending for decision on which asking the counsel how this premature petition could be entertained on which instead to argue further, petitioner's counsel prays to dispose of this petition with a direction to the Authorities of respondents Nos.1 and 2 to consider the aforesaid inter se communication of the State Authorities of the Higher Education Department and pass the appropriate order to include the name of the petitioner Institution as qualified Institution for admission of the students through counselling.
The respondents' counsel did not have any objection to dispose of this petition with the aforesaid limited prayer of the petitioner's counsel.
In view of the aforesaid limited prayer without expressing any opinion on the merits, this petition is hereby disposed of with a direction to the Authorities of respondents Nos. 1 and 2 to consider the aforesaid inter se communication of the State Authorities (Annexure P-12) and 3 WP No. 4521/2015 (Sant Kanwar Ram Shiksha Samiti Vs The State of M.P.) pass the appropriate order within 10 days from the date of submitting the certified copy of this order by the petitioner in the office of such Authorities to include its name in the list of institution of counselling if the same is found to be eligible, under intimation to the petitioner.
There shall be no order as to cost.
(U.C. Maheshwari) (D.K. Paliwal)
Judge Judge
Prachi/@Pk*