Court No. - 39 Case :- WRIT - C No. - 8921 of 2010 Petitioner :- Kishori Lal Maha Vidyalaya Respondent :- State Of U.P. Thru. Secr. Higher Education & Ors. Petitioner Counsel :- Praveen Kr. Srivastava,Arun Kumar Gupta Respondent Counsel :- C.S.C.,Neeraj Tiwari Hon'ble Dilip Gupta,J.
Kishori Lal Maha Vidyalaya, Chak Raghunath, Naini, Allahabad
has filed this petition for quashing of the Government Order dated
29.6.2009 and the order dated 28.1.2010 passed by the Divisional
Level Committee headed by the Divisional Commissioner,
Allahabad.
Sri A.K. Gupta, learned counsel for the petitioner has placed
before the Court the judgment rendered by a learned Judge on
16.6.2010 in Writ Petition No.6971 of 2010 (Committee of
Management, Swargiya Bhagwanti Devi Degree College &
another Vs. State of U.P. & others) by which the aforesaid
Government Order dated 29.6.2009 and the order dated 28.1.2010
passed by the Divisional Level Committee were set-aside and a
direction was issued to the respondents to permit the petitioner to
accept the admissions forms and admit the students in various
courses in the Academic Session 2010-2011.
Learned counsel for the petitioner has also placed the judgment
and order dated 26.7.2010 rendered in Special Appeal No.1114 of
2010 that was filed to assail the aforesaid judgment dated
16.6.2010.
The operative part of the order passed in Special Appeal No.1114
of 2010 is quoted below:-
“We have given our thoughtful consideration to the various plea
raised by the learned counsel for the parties and are of the
considered opinion that even if the Government Order dated 29th
June, 2009 issued by the State Government constituting the
committee for considering the matter of issuing ‘No Objection
Certificate’ for running a degree course and post graduate courses
is ignored then it is for the State Government to consider and
decide the question of issuing ‘No Objection Certificate’ itself. In
the absence of the same having been issued by the State
Government, the question of granting affiliation cannot arise.
Merely on the basis of recommendation for issuance of ‘No
Objection Certificate’ and affiliation to be granted is of no
consequence. In the present case we find that the State
Government has not yet issued any ‘No Objection Certificate’ to
the respondent no.1 herein. We, therefore, in the interest of justice
modify the direction given by the learned Single Judge as
contained in the order dated 16th June, 2010 and direct the State
Government to consider and pass appropriate orders on the
application filed by the respondent no.1 relating to issuance of ‘No
Objection Certificate’ within a period two months from the date of
a certified copy of this order is filed before the concerned
Secretary of the State Government. If the ‘No Objection
Certificate’ is granted the matter relating to recommendation for
grant of affiliation be considered by the University and
appropriate order be sent within one month to the State
Government and the State Government shall take a decision within
two weeks thereafter.
Till the affiliation is granted the respondent no.1 shall not admit
any student in M.A. Sanskrit and Ancient History and B.Com
course of the University.
The appeal stands disposed of with the aforesaid modification.”
Learned counsel for the parties are agreed that the present writ
petition may be disposed of in terms of the order passed in Special
Appeal No.1114 of 2010.
The writ petition is, accordingly, disposed of with directions as
contained in the judgment and order dated 26.7.2010 passed in
Special Appeal No.1114 of 2010.
Order Date :- 2.8.2010
Kpy