Madhya Pradesh High Court
Shri Omprakash Shiksha Prasar Samiti ... vs The Jiwaji University on 4 August, 2014
1 W.P.No.3527/2014
Shri Omprakash Shiksha Prasar Samiti Gwalior & Others
Vs.
Jiwaji University and others
04/08/2014
Shri R.B.S.Tomar, Advocate for the petitioners.
Shri R.S.Sharma, Advocate for the respondents.
Heard.
The petitioners have filed this petition for a relief that the respondent University be directed to conduct examination of the students of M.Ed. course admitted in the petitioners institution in the academic session 2012-13.
This petitioners institution were granted recognition to conduct M.Ed. course, since then the institutions have been conducting the examination and admitting the students.
The petitioners institutions were also granted affiliation by the University to admit students in M.Ed. course. The petitioners admitted the students in the academic session 2012-13. The university initially issued time table to conduct examination of the course in the month of October 2013. Subsequently the date of examination was extended. The petitioners institutions did not receive accreditation from NAAC on or before 1.4.2012. Consequently, the WRC passed an order of withdrawal of recognition of the petitioner institute, thereafter, the petitioners filed writ petitions before this court. Writ Petitions registered as W.P.Nos.2074/2014, 2 W.P.No.3527/2014 2070/2014, 2067/2014, 2068/2014, 2066/2014 and 2071/2014 and this court allowed the petitions and quashed the order of withdrawal of recognition.
The grievance of the petitioners in this petition is that in spite of that, the University has not conducted the examination of M.Ed. course of the students of the petitioners institution, which is arbitrary and illegal.
The University in its reply admitted the fact that the recognition withdrawn earlier by the WRC has subsequently been restored. It is further pleaded by the University that the University decided to obtain opinion from the NCTE, however, the opinion still has not been received and the matter is under consideration. It is further pleaded that meeting of the standing committee is going to be held to consider the request of the petitioner institution.
From the facts of the case, it is clear that the petitioners institutions admitted the students in M.Ed. course in the academic session 2012-13 when the petitioners had recognition and affiliation. Subsequently, the recognition was cancelled by the WRC, however, it was restored in pursuance to the order passed by this court in the aforesaid writ petitions, wherein this court quashed the order of withdrawal of recognition. In such circumstances, the students admitted by the petitioner institution in M.Ed. course in the academic 3 W.P.No.3527/2014 session 2012-13 have a right to participate in the examination and it is the duty of the University to hold the examination.
Consequently, the petition is allowed. The respondent University is directed to take necessary steps so the examination of M.Ed. course of the students of the petitioners institutions for the academic session 2012-13 could be held, as early as possible preferably within a period of six weeks from the date of receipt of copy of the order.
No order as to costs.
(S.K.Gangele) (S.K.Palo)
Judge Judge
SP