Madhya Pradesh High Court
Hict Mahavidyalaya Managed By Poorvi ... vs The State Of Madhya Pradesh on 19 February, 2018
1
THE HIGH COURT OF MADHYA PRADESH
WP-866-2018
(H.I.C.T. Mahavidyalay Vs. State of M.P. & Ors.)
Gwalior, Dated 19.02.2018
Shri Jitendra Sharma, learned counsel for the
petitioner.
Shri Vivek Jain, learned Government Advocate for
the respondents/State.
Heard on admission.
Petitioner, a Society Registered under Madhya Pradesh Society Registrikaran Adhiniyam, 1973, imparting higher education; in the Courses Bachelor of Computer Application, Bachelor of Business Administration and the Bachelor of Science since 2008- 2009 has filed the petition against the decision by the State Government through its Higher Education Department communicated on 23/08/2017 declining to restore the recognition.
The material on record reveals that vide show cause notice dated 13/03/2015 the Principal, H.I.C.T. College was called upon by the State Government through its Higher Education Department as to why its recognition be not cancelled for the reasons that it only conducted B.Ed. Courses; that the parameters for conducting other Courses are not sufficient; that, infrastructure for other Courses is not complete and that the College does not have its own playground. The notice was issued on the basis of report of joint inspection conducted by the team comprising of the 2 Officers of Divisional Commissioner/Collector/Higher Education. As no reply was received and there was no student admitted to the Courses for which recognition has granted, let the State Government cancel its registration for the academic year 2015-16 by order dated 17/06/2015.
The petitioner, thereafter, filed an explanation along-with documents for restoration of recognition. A Committee of In-charge Principal, Government Model Science College, Gwalior and Senior Professor was constituted to ascertain as to whether the petitioner had the infrastructure and playground as claimed. That in a report furnished by the Principal certain shortcomings of infrastructure were found in respect of Bachelor of Science Course. Furthermore, only 4 students in the B.Ed. Course were found to have taken admission. That against said decision petitioner filed a Writ Petition No.3392/2016 which rendered infructuous on 01/12/2017 as the academic session 2016-17 was over; however the legal issues raised was kept open.
Later on, the petitioner by Communication dated 23/08/2017 was informed that his recognition cannot be revived because of the deficiency.
Vide this petition under Article 226 of the Constitution of India, petitioner seeks quashment of the Communication dated 23/08/2017 and the communication dated 17/06/2015 addressed from the office of the Commissioner, Higher Education to 3 Registrar, Jiwaji University.
As regard to Communication dated 17/06/2015, the same, as evident therefrom, is in respect of academic year 2015-16. The academic year 2015-16 since is already over, no effective relief can be granted. The petition is therefore rendered infructuous for said relief.
As regard to Communication dated 23/08/2017, evidently, the same is on the basis of fact finding enquiry and the report thereon. As no cogent material document is commended at to establish that the petitioner possess the requisite infrastructure to run the Science Course. And as regard to other Courses such as Bachelor of Computer Application and Bachelor of Business Administration admittedly no student had taken admission in the said College which is conducting only B.Ed. Courses. The decision taken by the State Government communicated through impugned Communication of declining to grant of recognition for the Courses in Bachelor of Computer Application, Bachelor of Business Administration and Bachelor of Science cannot be faulted with. Consequently, petition fails and is dismissed. No costs.
(Sanjay Yadav) (Ashok Kumar Joshi)
Judge Judge
pwn*
Digitally signed by PAWAN
KUMAR
Date: 2018.02.21 10:46:58
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