Dr. Jagat Narain Subharti Charitable Trust And ANR. v. Union Of India And ANR.

$~42 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 2453/2018 & & C.M. Nos.10212-10213/2018 DR. JAGAT NARAIN SUBHARTI CHARITABLE TRUST AND ANR.

..... Petitioners Through:

Mr.A. Sharan, Sr. Adv. with Mr.Amitabh Singh & Mr.Vivek Singh, Advs.

versus UNION OF INDIA AND ANR.

..... Respondents Through:

Mr.Dev P. Bhardwaj, Adv. for R-1.

Mr.Vikas Singh, Sr. Adv. with Mr.T.

Singhdev, Ms.Amandeep Kaur, Ms.Puja Sarkar, Ms.M. Biakthansangi & Mr.Tarun Verma, Advs. for R-2.

CORAM:

HON'BLE MS. JUSTICE REKHA PALLI

O R D E R

% 20.03.2018 Vide the present petition, the petitioner has prayed for quashing of the recommendation dated 06.01.2018 given by respondent No.2 whereby respondent No.2 has made a recommendation to respondent No.1 not to renew the permission for admission of 3rd batch of 150 MBBS students at the petitioner No.2-institute for the academic year 2018-2019.

At the outset, learned senior counsel for the petitioner submits that after the aforesaid recommendation was submitted by respondent No.2, the respondent No.1 had given a personal hearing to the petitioner-institute on 05.02.2018, whereafter, the respondent No.1 was expected to take an expeditious decision on the pending

application of the petitioner. He, however, submits that despite passage of more than 6 weeks, the respondent No.1 has failed to take any decision on the petitioner's application. He submits that this inordinate delay on the part of respondent No.1 is adversely affecting the petitioner in view of the cut off date prescribed in the Regulations as also by various decisions of the Hon'ble Supreme Court. Mr.Dev P. Bhardwaj, Advocate who appears for respondent No.1 on advance notice, submits that the matter is under active consideration and a personal hearing has been given by respondent No.1 and prays for three weeks time to dispose of the petitioner's application in relation whereto, a personal hearing had been given by respondent No.1 to the petitioner on 05.02.2018.

However, keeping in view the timeline prescribed by the Regulations of the respondent No.2 as also by various decisions of the Hon'ble Supreme Court, the respondent No.1 are directed to decide the petitioner's application by passing a reasoned and speaking order within 10 days from today. Needless to say that the present order has been passed without prejudice to the rights and contentions of the parties. In case, the petitioner is aggrieved by any order passed by any of the respondents, it will be open for the petitioner to take legal recourse as permissible under law.

The petition is disposed along with the pending applications of in the above terms.

REKHA PALLI, J MARCH 20, 2018/gm