Madhya Pradesh High Court
Christ College Run By Christ Academic ... vs The State Of Madhya Pradesh on 18 July, 2023
Author: Sushrut Arvind Dharmadhikari
Bench: Sushrut Arvind Dharmadhikari, Hirdesh
1
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE SUSHRUT ARVIND DHARMADHIKARI
&
HON'BLE SHRI JUSTICE HIRDESH
ON THE 18 th OF JULY, 2023
WRIT PETITION No. 8962 of 2023
BETWEEN:-
CHRIST COLLEGE RUN BY CHRIST ACADEMIC AND
EDUCATION SOCIETY BIORA THROUGH SUSHIL
KUMAR PRASAD S/O LATE SHRI MAJOR B.D.V.
PRASAD, AGED 65 YEARS, OCCUPATION: SOCIAL
WORKER CHRIST COLLEGE RUN BY CHRIST
ACADEMIC AND EDUCATION SOCIETY BIORA DISTT.
RAJGARH (MADHYA PRADESH)
.....PETITIONER
(MS ARCHANA KHER, LEARNED COUNSEL FOR THE PETITIONER)
AND
1. THE STATE OF MADHYA PRADESH PRINCIPAL
SECRETARY VALLABH BHAWAN, BHOPAL
(MADHYA PRADESH)
2. JOINT DIRECTOR HIGHER EDUCATION
DEPARTMENT VALLABH BHAWAN, BHOPAL
(MADHYA PRADESH)
3. BARKATULLAH UNIVERSITY THROUGH VICE
CHANCELLOR HOSHANGABAD ROAD, BHOPAL
(MADHYA PRADESH)
4. COMMISSIONER BACKWARD CLASSES AND
MINORITY WELFARE DEPARTMENT
GOVERNMENT OF MADHYA PRADESH, SATPURA
BHAWAN, 2ND FLOOR ARERA HILLS, BHOPAL
(MADHYA PRADESH)
.....RESPONDENTS
( SHRI BHUWAN GAUTAM, LEARNED GOVT. ADVOCATE FOR THE
RESPONDENT/STATE).
(SHRI ABHISHEK TUGNAWAT, LEARNED COUNSEL FOR THE
Signature Not Verified
Signed by: SEHAR HASEEN
Signing time: 7/21/2023
6:46:20 PM
2
RESPONDENT NO.3.).
This petition coming on for order this day, JUSTICE SUSHRUT
ARVIND DHARMADHIKARI passed the following:
ORDER
The present petition under Article 226 and 227 of the Constitution of India has been filed by the petitioner assailing the orders passed by respondent no.3 on 16.03.2023(Annexure P-11), 31.03.2023(Annexure P-13) and 10.04.2023(Annexure P-15).
2. Brief facts of the case are that petitioner/institute is run by Christ Education and Academic Society, Biaora registered under the Society Registration Adhiniyam, 1973. On 05.07.2007, respondent no.2 granted permission to the petitioner to run B.Ed course for the academic session 2007-
08. The National Council for Teacher Education(WRC) had granted recognition to the petitioner institute subject to certain conditions for intake capacity of 100 students vide order dated 23.08.2008. Thereafter, on 26.05.2015, a revised order was issued by the National Council for Teacher Education in terms of the new regulations and then the recognition was renewed again in the year 2022. The petitioner institution was affiliated to respondent no.3/University and the said affiliation was renewed from time to time. Regulations issued by the M.P Niji Vyavasayik Shikshan Sanstha (Pravesh Ka Viniyaman Evam Shulk Ka Nirdharan)Adhiniyma, 2007 and Regulation of fee 2008 are followed by the petitioner. The petitioner/institute has applied for grant of registration and certification under the Minority Education Institute before the Commissioner, Department of Backward Classes and Minority Welfare/ respondent no.4 on 15.02.2013, but no such certificate was issued. Thereafter, the petitioner filed an Signature Not Verified Signed by: SEHAR HASEEN Signing time: 7/21/2023 6:46:20 PM 3 application before the National Commission for Minority Educational Institution on 25.10.2017 for obtaining the certification of Minority Status for the institution which was allowed on 26.12.2017 and the petitioner was declared as a minority educational institution covered under Section 2(G) of the National Commission For Minority Educational Institution Act, 2004(referred to as 'the Act of 2004' hereinafter). The petitioner institute vide letter dated 21.06.2022 requested respondent no.3/University to issue notification for appointment of teachers in terms of Rules given in College Code 28 for appointment of teacher for Minority Institution. Vide letter dated 20.01.2023, respondent no.3/University granted temporary affiliation for Academic Year 2022-23 with the condition that petitioner/institute shall appoint 05 faculty members within a period of three months and inform the University and in case, the aforesaid condition is not fulfilled, the affiliation of the petitioner/institution shall stand cancelled automatically. Petitioner/institution has again send a letter to the respondent no. 3 for appointment of faculty in terms of College Code 28. In response to the said letter, the respondent no.3/University issued a letter directing the petitioner to produce the 'no objection certificate' issued by M.P. Backward Classes and Minority Welfare Department. Thereafter various communications were made by the petitioner/institute on 24.03.2023, 28.03.2023 and 29.03.2023 in this regard. On 31.03.2023, respondent no.3 again directed the petitioner to submit the certificate issued by the State Government. On 10.04.2023, respondent no.3 directed the petitioner to produce the certificate issued by the State Government within seven days otherwise, temporary affiliation will be cancelled. Accordingly, this writ petition is filed. Subsequent to filing of this petition, respondent/University has cancelled the affiliation of the petitioner/institute vide letter dated 12.05.2023 Signature Not Verified Signed by: SEHAR HASEEN Signing time: 7/21/2023 6:46:20 PM 4 which has also been challenged by the petitioner in the present petition.
3. Learned counsel for the petitioner submitted that petitioner institute is already having the certificate issued on 26.12.2017 by the National Commission for Minority Educational Institution declaring the petitioner as Minority Institution. Petitioner/institute has applied for grant of 'no objection certificate' in prescribed form in the year 2013 before the Commissioner, Department of Backward Classes and Minority Welfare, State of M.P./respondent no.4, but to no avail as no such certificate has been issued by the respondent no.4 till date.
4. Learned counsel further referring to the Clause 20.4 of [Guidelines, Principles and Procedure - 2018] for issuing 'No Objection Certificate' for establishment of Religious and Linguistic Minority Educational Institutions submitted that the same is deeming clause as it has specifically mentioned in the clause that there is a maximum limit of 90 days within which the application has to be decided and no objection 'no objection certificate' has to be issued. Otherwise, the provisions of Section 10(3), 10(3)(a), 10(3)(b) and 10(4) of the Act of 2004 shall be applicable. The petitioner's application has neither been allowed nor rejected, therefore it will be deemed that institution is having the 'no objection certificate' as per the provisions of Act of 2004 and as per the requirement of guidelines of 2018. Moreso, the petitioner/institute has already given admission to the students for the Academic Session 2022-23 and they have completed their 1st semester. Learned counsel further submits that the act of respondent no.3 is discriminatory in not issuing the notification for appointment of teachers in terms of College Code 28 under the garb of producing 'no objection certificate'. Denying the certificate issued by the National Commission for Minority Welfare amounts to violation of the Act of Signature Not Verified Signed by: SEHAR HASEEN Signing time: 7/21/2023 6:46:20 PM 5 2004 and Article 30(1) of the Constitution of India. Hence, the present petition may be allowed and the orders dated 16.03.2023, 31.03.2023, 10.04.2023 and 12.05.2023 shall be quashed and respondent no.3 be directed to issue notification for appointment of teachers in terms of College Code 28. In support of her contention, learned counsel for the petitioner has placed reliance on the judgment passed by the Apex Court in the case of Manager, Corporate Educational Agency Vs. James Mathew and Others reported in (2017) 15 SCC 595.
5. Learned counsel for the respondent/State opposes the prayer supporting the order impugned.
6. On the other hand, learned counsel for the respondent no.3/University submitted that the petitioner/institute was granted temporary affiliation as per Statute No. 27 and 28 of University Act, 1973. He further submitted that as per Statute No. 27 after the inspection, as per recommendation of the inspection committee, the standing committee had asked the petitioner to remove the deficiencies as per the guidelines of 2018 within a time period by issuing a letter mentioning that in case the college does not remove the deficiencies within three months, the affiliation will automatically come to an end.
8. Counsel for the respondent No.3 further submits that subsequently, the petitioner raised the claim for Minority Educational Institute by mentioning about the reconstituted selection committee and for the said purpose, petitioner submitted a certificate issued by the National Minority Educational Commission. The Department of Backward Classes and Minority Welfare, Govt. of M.P. has issued guidelines and rules for issuing certificate for the purpose of establishment of Minority Education Institute. Hence, respondent no.3 had issued letters time and again directing the petitioner to submit the 'no Signature Not Verified Signed by: SEHAR HASEEN Signing time: 7/21/2023 6:46:20 PM 6 objection certificate' issued by the State Government. However, the petitioner had not produced the 'no objection certificate'. In the absence of 'no objection certificate' as sought for by the respondent no.3 and non-fulfilment of deficiencies pointed out by the selection committee within three months, the temporary affiliation of the college was cancelled vide order dated 12.05.2023. Accordingly, petition filed by the petitioner deserves to be dismissed.
9. We have heard learned counsel for the parties and perused the record.
10. The Department of Backward Classes and Minority Welfare, State of Madhya Pradesh has framed the guidelines known as [Guidelines, Principles and Procedure - 2018] for issuing 'No Objection Certificate' for establishment of Religious and Linguistic Minority Educational Institutions and Clause 11 of the said guidelines provides for issuance of 'no objection certificate' to be granted by the State Government in respect of the minority institution.
Clause 11 of the said guidelines is reproduced below for convenience and ready reference:
** 11- vYila[ ;d 'kS{ kf.kd laL Fkk dh LFkkiuk gsr q tkjh vukifRr ize k.k i= vof/k ,oa vYila[ ;d 'kS{ f.kd laL Fkk dh ekU;rk ize k.k i= tkjh fd;k tkuk& % vYila[;d 'kS{kf.kd laLFkk dh LFkkiuk gsrq tkjh vukifRr izek.k i= rhu o"kZ dh vof/k ds fy, vLFkkbZ :i lss tkjh fd;k tk,xk ftls rhu o"kZ dh vof/k iw.kZ gksus ds rhu ekg iwo Z lacaf/kr laLFkk }kjk&% /kkfeZd ,oa Hkk"kkbZ vYila[;d 'kSf{k.kd laLFkk dks ekU;rk nsus ,oa vYila[;d laLFkk laLFkk ?kksf"kr djus ds fy,s ekxZn'khZ fl)kar ,oa izfdz;k & 2007] la'kksf/kr 2015 ds izko/kkuksa vuqlkj vk;qDr fiNM-k oxZ rFkk vYila[;d dY;k.k dks vkosnu izLrqr dj vYila[;d 'kS{kf.kd laLFkk dh ekU;rk izek.k i= izkIr djuk vko';d gksxkA vkosnd laLFkk vukifRr izek.k i= dh rhu o"kZ dh vof/k iw.kZ gksus ds rhu ekg igys mijksDrkuqlkj vkosnu djsxh ,oa vukifRr izek.k i= dh rhu o"kZ dh vof/k iw.kZ gksus rd ;k Signature Not Verified Signed by: SEHAR HASEEN Signing time: 7/21/2023 6:46:20 PM 7 mlds iwo Z ;fn ^^vYila[;d 'kS{kf.kd laLFkk dh ekU;rk izek.k i=^^ tkjh ugha fd;k tkrk rks ,slh fLFkfr esa vkosnd laLFkk dks vYila[;d 'kS{kf.kd laLFkk dh voLFkk (status) vYila[;d 'kS{kf.kd laLFkk dk ekuk tkosxkA c'krsZ vkosnd laLFkk }kjk fu/kkZfjr vof/k esa fd;k x;k vkosnu ekxZn'khZ fl)kar ,oa izfdz;k vuqlkj iw.kZ gksA **
11. On perusal of the aforesaid clause, the minority institutions are required to produce the 'no objection certificate' which the present petitioner has not produced. Therefore, impugned order dated 12.05.2023 has been issued cancelling the affiliation of the petitioner/institute.
12. The contention of learned counsel for the petitioner that since the petitioner/institution is having certificate issued by the National Commission for Minority Education Institutions, New Delhi, therefore requirement of 'no objection certificate' from the State Government is not compulsory cannot be countenanced, since the guidelines have been formulated by the State Government which is being followed by all the institutions in the State of Madhya Pradesh. Moreover, the petitioner has not challenged Clause 11 of the Guidelines of 2018 in the writ petition. Therefore, no special concession can be extended to the petitioner from exempting them from filing the 'no objection certificate'. Even the fate of application submitted to the Commissioner, Department of Backward Classes and Minority Welfare, State of M.P. seeking affiliation/recognition is not known. As per Clause 11, the certificate issued by the State Government is valid for three years and thereafter, the institution is required to obtain the 'no objection certificate' from the Commissioner, Department of Backward Classes and Minority Welfare under the provisions of the Guidelines of 2007 which were amended in the year 2015.
Petitioner/institution has not been able to show that the institute has complied with the Clause 11 of the Guidelines of 2018.
Signature Not Verified Signed by: SEHAR HASEEN Signing time: 7/21/2023 6:46:20 PM 813. In the absence of challenge to Clause 11 of Guidelines of 2018, no exemption can be granted to the petitioner/institute to obtain 'no objection certificate' from the State Government.
14. In view of the aforesaid, no irregularity has been committed by the respondent no.3/University in cancelling the affiliation of the petitioner/institution. However, petitioner can approach the competent authority for obtaining the 'no objection certificate' and thereafter the respondent no.3 shall act in accordance with the Guidelines of 2018 and may continue the affiliation and recognition of petitioner institute. If petitioner/institute succeeds in obtaining 'no objection certificate' within a period of 30 days from the date of submission of application and produce the same before the respondent no.3, the impugned order cancelling the affiliation of the petitioner/institute shall stand quashed ipso facto.
15. Accordingly, this petition is finally disposed of. No order as to cost.
(S. A. DHARMADHIKARI) (HIRDESH)
JUDGE JUDGE
sh
Signature Not Verified
Signed by: SEHAR HASEEN
Signing time: 7/21/2023
6:46:20 PM