Madhya Pradesh High Court
Shri Ramnath Singh Mahavidhalaya Gormi vs The State Of Madhya Pradesh on 20 June, 2019
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THE HIGH COURT OF MADHYA PRADESH
W.P. No. 10791/2019
Shri Ramnath Singh Mahavidyalaya Vs. State of M.P. and others
Gwalior, Dated:-20/06/2019
Shri Ajay Bhargava, learned counsel for the petitioner.
Heard on admission.
Petitioner, a Society registered under the Madhya Pradesh
Society Registrikaran Adhiniyam, 1973, has filed this petition under
Article 226 of the Constitution being aggrieved by the alleged
rejection of application for affiliation for conducting B.Ed. course for
the academic session 2019-20 has filed this petition seeking
mandamus to the respondent-University to decide the application
under statute 28(17) for appointment of faculty members. And for setting aside the rejection order. The relief is also sought for direction to grant affiliation for the session 2019-20. And permit the petitioner to participate in the counselling scheduled to be held from 28/05/2019 to 14/06/2019.
So far as direction to participate in the counselling for admission of student, the said relief is not available to the petitioner as the scheduled period is already expired. Therefore, no mandamus can be issued.
As regard to setting aside the rejection of application for affiliation, we are not commended to any such order. Mere reference in a local newspaper will not, in our considered opinion, be treated to be an order in the eyes of law giving rise of a cause of action. The 2 THE HIGH COURT OF MADHYA PRADESH W.P. No. 10791/2019 Shri Ramnath Singh Mahavidyalaya Vs. State of M.P. and others cause of action would arise only when there exist an order, a mere assumption of such order being in vogue will not create any cause of action. As when there is an order, it helps to construe the reasons for rejection. Thus there exist no cause of action in favour of the petitioner as would give right to the petitioner to file a petition. The matter would have been different if the petitioner's application is under consideration and a mandamus for its decision is sought. However, it is not to be so. Therefore, there is no accrual of cause of action, the grievance qua alleged rejection cannot be entertained.
Furthermore, from the contention in the petition, it appears that faculty members are not yet appointed. In other words, there is no faculty in the petitioner-institution. In absence whereof, it cannot be expected of the examining body such as respondent-University to entertain an application for affiliation.
In view whereof, the relief sought by the petitioner cannot be granted.
Consequently, petition fails and is dismissed. No costs.
(Sanjay Yadav) (Vishal Mishra)
Judge Judge
Shubhankar*
SHUBHANKAR
MISHRA
2019.06.24
10:52:33
+05'30'