W.P.(C)--8163/2019. Case: CHANDERPRABHU JAIN COLLEGE OF HIGHER EDUCATION & SCHOOL OF LAW & ANR. Vs. DIRECTORATE OF HIGHER EDUCATION & ORS. High Court of Delhi (India)
| Case Number | W.P.(C)--8163/2019 |
| Citation | NA |
| Judgement Date | August 13, 2019 |
| Court | High Court of Delhi (India) |
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) No. 8163/2019
Judgment reserved on : 29.07.2019 Date of decision : 13.08.2019
CHANDERPRABHU JAIN COLLEGE OF HIGHER EDUCATION & SCHOOL OF LAW & ANR. .... Petitioners
Through: Mr. Sameer Rohatgi, Mr.
Akshit Pradhan, Mr. Kunal Kumar, Mr. Dipender Chauhan & Mr. Soumya Sarin, Advocates.
versus
DIRECTORATE OF HIGHER EDUCATION & ORS
..... Respondents Through: Mr. Gautam Narayan, Advocate with Mr. Anuj Aggarwal, Advocate for R-1.
Mr. Preetpal Singh, Advocate for BCI.
CORAM:
HON'BLE MS. JUSTICE ANU MALHOTRA
JUDGMENT ANU MALHOTRA, J.
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The petitioner No.1 Chanderprabhu Jain College of Higher Education & School of Law was founded under the aegis of the Petitioner No.2 the Rishi Aurobindo Educational Society at Plot No. OCF Sector A-8, Narela, Delhi- 110040, in the year 2007 and in the
year 2012 and 2013, the respondent No.1, i.e, the Directorate of Higher Education granted a ‘No Objection Certificate’ to the petitioner’s college for the intake of 140 students in BA LLB course for the academic session 2012-2013 in terms of the approval granted by Respondent No.3, i.e., the Bar Council of India, for intake of 140 students. The petitioner No.1 thereafter is stated to have started the BBA LLB course for the academic year 2014-15 with an intake of 120 seats for the first time and a ‘No Objection Certificate’ dated
31.7.2014 was issued by the respondent No.1, i.e., the Directorate of Higher Education, for the same. In the year 2015 to 2017, the respondent No.1 i.e, the Directorate of Higher Education, issued an NOC to the petitioner No.1’s college for an intake of 120 students for the BBA LLB course. The petitioner No.1 is indicated to have applied to the respondent No.1 for an increase in the intake by 60, thereby increasing the total seats to 180 for their BBA LLB course for the academic year 2017-18, and an NOC was duly granted by the respondent No.1 without any protest vide its letter dated 16.06.2107. The petitioner No.1 is stated to have applied to the respondent No.3,
i.e, the Bar Council of India, seeking extension of approval for 180 seats in BBA LLB course for the academic year 2017-18, which was also granted vide its letter dated 23.06.2017. The petitioner No.1 submits that in the year 2018 it applied to the respondent No.2, i.e., the Guru Gobind Singh Indraprastha University, for the grant of NOC for BBA LLB course for an intake of 180 students for the academic year 2018-19, which was duly granted vide letter dated 5.6.2018.
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Inter alia, it has been submitted that the respondent No.3, i.e, the Bar Council of India, vide their letter dated 03.04.2018 granted extension of approval to the Petitioner College for continuing the BBA LLB course with 180 seats for the academic year 2018-19. It has been submitted on behalf of the petitioner that on 27.4.2018 the Joint Assessment Committee comprising of members from both the respondent No.1 i.e. the Directorate of Higher Education and respondent No.2, i.e., the Guru Gobind Singh Indraprastha University, visited the premises of the Petitioner College for conducting an inspection and thereafter granted the approval for intake of 180 students in the BBA LLB course for the academic session 2019-2020 and the respondent No.1 i.e, the Directorate of Higher Education, on
23.5.2018 issued the impugned letter dated 23.5.2018 whereby it had not granted the NOC to the Petitioner College for conducting the BBA LLB course in the academic year 2018-19 and that the petitioner college vide its letter dated 28.5.2018 wrote to respondent No.2, i.e., the Guru Gobind Singh Indraprastha University to approach the respondent No.1 i.e, the Directorate of Higher Education, for granting NOC for the BBA LLB course for the academic year 2018-19 and the respondent No.2, i.e., the Guru Gobind Singh Indraprastha University, vide its letter to the respondent No.1 i.e, the Directorate of Higher Education, dated
5.6.2018 requested the respondent No.1 i.e, the Directorate of Higher Education, to re-consider the grant of NOC to the petitioner college for the BBA LLB course for the academic year 2018-19 but
it was to no avail which thus constrained the petitioner to file a Writ Petition bearing no. 6698/2018 titled as 'Chanderprabhu Jain College of Higher Education & School of law v. Directorate of Higher Education & Anr ' against the non-grant of NOC by Respondent No.1 for conducting BBA LLB course for academic session 2018- 2019.
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It is further submitted on behalf of the petitioner that vide order dated 25.06.2018 in the said Writ Petition No.6698/2018, the petitioner is stated to have been allowed to continue the BBA LLB course with 180 seats for the academic session 2018-2019, subject to an undertaking by the Petitioner College to construct additional area of 810 sq. mtrs. by the academic year 2019-2020, which would be required for the academic session of 2019-20.
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The petitioner further submits that it was constrained to file another Writ Petition bearing no. 9405/2018 titled as 'Rishi Aurobindo Educational Society V. DDA & Ors. when the Petitioner College was unable to abide by the said undertaking to construct additional area due to non-sanction of building plans by the DDA. The said Writ Petition is stated to be pending before this Court. The Writ Petition (C) No. 6698/2018 is also pending before this Court.
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The petitioner has submitted that the respondent No.2, i.e., the Guru Gobind Singh Indraprastha University, has granted provisional affiliation to the Petitioner College towards conducting the BBA LLB course with 180 seats for the academic year 2019-20 and that on an application made by the petitioner College to the
respondent No.3, i.e, the Bar Council of India on 24.12.2018 for extension of approval for the BBA LLB course for the academic session 2019-20 with an intake of 180 students, Respondent No.3 conducted an inspection on 23.02.2019. The petitioner submits that on 9.5.2019 during the pendency of the Writ Petition (C) no. 6698 of 2018, the petitioner filed an application bearing C.M. no. 22825/2019 and the petitioner sought grant of interim direction to grant status quo as on date for conducting BBA LLB course for the academic year 2019-20. The said CM APPL.22825/2019 was dismissed as withdrawn vide order dated 05.08.2019 in WP (C) 6698/2018.
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The petitioner further submitted that the respondent No.3, i.e, the Bar Council of India, granted affiliation to the Petitioner College for conducting BBA LLB Course with an intake of 180 students for the academic session 2019-2020 vide its letter dated 25.5.2019.
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According to the petitioner on 8.7.2019 during the pendency of the W.P.(C) No. 6698/2018, the petitioner herein filed an application CM No. 30124/2019 vide which the petitioner sought direction to the respondent No.1 i.e, the Directorate of Higher Education, to issue NOC to the Petitioner College, for intake of 180 students for BA LLB and BBA LLB courses for the academic year 2019-20, in accordance with the approval letter issued by the respondent No.3, i.e, the Bar Council of India, dated 25.05.2019 which however has also since been dismissed as withdrawn as prayed by the petitioner herein on
5.8.2019 The respondent No.1 is stated to have further issued the NOC
to the petitioner’s college granting approval for 120 seats for BBA LLB course for the academic session 2019-2020.
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Vide the impugned letter dated 19.7.2019 of the respondent No.1 i.e, the Directorate of Higher Education, addressed to the respondent No.2, i.e., the Guru Gobind Singh Indraprastha University, it was mentioned to the effect:
“ The JAC report in respect of the above said institute has been perused and it has been noticed that Part-I of the JAC report is more relevant in respect of land issues and statutory compliances of the institute and remaining Part-II &III of JAC report is related to academic matters including -infrastructure pertaining to GGSIP University. Since no documents has been attached/enclosed along with copy of JAC report forwarded by GGSIPU, hence it is presumed that the JAC headed, by Retd. Senior Officers, other subject experts and representative, of University as members/has seen and examined all the relevant documents/statutory clearances as. per policy guidelines during the, inspection and recommendations has been made in accordance with policy guidelines. Further the GGSIPU vide, its letter dated 27.06.2019 informed that the Board of Affiliation of University has decided that the-recommendation of the JAC should also be considered as the recommendation of the University.
Therefore, considering the facts above and based on the recommendation of JAC and GGSIP University the provisional NOC for course with intake for (1) BBA-75/3 Yrs & BBA [2nd shift]-75/3 Yrs.(2) BBA (CAM) -30/3 Yrs. & BBA (CAM) (2nd Shift)-30/3 Yrs. (3) BCA-30/3 Yrs. (5) BA,LL.B.-180/5 Yrs (2) BBA, LL.B.-120/5 Yrs is granted subject to following conditions:-
The Society/institute shall abide by all the rules and regulations in force in Delhi by the Government, Local authorities and the affiliating University.
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The Society/Institute shall abide by all the rules and regulations in force in Delhi by the Government, Local authorities and the affiliating University.
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The Society/ Institute shall follow the fee structure prescribed by the University/Govt. of NCT of Delhi
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If it comes to the knowledge of Govt. of NCT of Delhi that the NOC has obtained by giving any false or misleading information or by concealing or suppressing any material facts or information, the NOC granted shall be withdrawn/cancelled.
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The University shall monitor compliance of the terms & conditions on a quarterly basis. If it is found during the course of monitoring of the compliance of the terms & conditions of grant-of NOC that the institute has not complied with these terms & conditions, the
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University may take penal action against the institute after
following proper legal...
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