Court No. - 38 Case :- WRIT - C No. - 35255 of 2010 Petitioner :- C/M Dulari Devi Degree College Thru' Manager M.K. Pandey Respondent :- State Of U.P. & Others Petitioner Counsel :- R.L. Sharma,Alok Sharma Respondent Counsel :- C.S.C.,R.A. Akhtar,Sunita Agrawal Hon'ble Pankaj Mithal,J.
Heard Sri R.L. Sharma, learned counsel for the petitioner, learned
standing counsel for the respondent nos. 1 and 2, Smt. Sunita
Agrawal has appeared for the respondent nos. 4, 5 and 7. Sri R.A.
Akhtar has accepted notice on behalf of the respondent no. 3.
It appears that the petitioner’s institution was granted temporary
recognition by the N.C.T.E. for imparting education in B.Ed. for a
period of one year subject to certain conditions on 16.8.2007. It is
said that the conditions laid down therein have been fulfilled by
the petitioner and subsequently vide order dated 31.8.2009
recognition has been granted but from academic session 2009-10
only.
By the impugned order dated 1.6.2010 the university has stated
that the petitioner’s institution has been refused recognition and
therefore is not entitled to either to admit or to take examination of
students for B.Ed. course for the session 2008-09.
It has been contended that the recognition granted to the
petitioner’s institution vide order dated 31.8.2009 from the
academic session 2009-10 only is incorrect and ought to relate
back to the date of initial recognition. The said order has been
assailed by the petitioner’s institution by filing a writ petition no.
18594 of 2010 in which necessary affidavits have already been
exchanged. Thus it has been contended that in the event the above
referred writ petition is allowed, the students of the petitioner’s
institution would suffer irreparable loss if not allowed undertake
B.Ed. examination for the academic year 2008-09 which are
scheduled be commence from second July, 2010.
On the other hand on behalf of the university it has been contended
that some students have filed writ petition no. 677 of 2010 which
has already been heard on 21st, May, 2010 and the judgement is
reserved. There is yet another writ petition by the students being
Writ Petition No. 22668 of 2010 which is pending for
consideration and therefore, all these writ petitions be taken up
together.
The petitioner’s institution was admittedly granted recognition
from the session 2009-10 and was also recognised in the session
2007-08 but there is no recognition in the year session 2008-09 in
respect whereof the above writ petition is pending and the
possibility of the said writ petition being allowed can not be ruled
out. Therefore, I consider it necessary to safeguard the interest of
the students.
Learned standing counsel as well as counsel for the N.C.T.E. and
the university may file counter affidavit within three weeks and
thereafter learned counsel for the petitioner is allowed to file a
rejoinder affidavit within a week.
List after one month.
As the interim measure it is provided that the students of the
petitioner’s institution who were validly admitted in the B.Ed.
course for the session 2008-09 and have completed their studies
shall be provisionally permitted to appear in the B.Ed. examination
scheduled be held with effect from 1st, July, 2010 but their result
shall not be declared without the leave of the court.
Order Date :- 23.6.2010
R.C.