Mohit Kumar Gupta & ANR v. University Of Delhi & ORS
$~17 W.P.(C) 5821/2017 MOHIT KUMAR GUPTA & ANR ..... PETITIONER Through Petitioners in person.
UNIVERSITY OF DELHI & ORS ..... RESPONDENTS Through Mr.Amit Bansal, Adv. with Ms.Seema Dolo, Adv. for R-1 & 2.
Mr.Ravinder Agarwal, Adv. for R4/UGC.
1.
Vide the present petition, the petitioners had inter alia prayed for quashing and scrapping the LL.M. Entrance Test held on 2nd July, 2017 by the University of Delhi, for the academic session 20172019/2020. 2.
The petitioners who appear in person submit that they do not wish to press the said relief at this stage and would be satisfied if a direction is given to the respondent no.1/University and respondent no.4/UGC, to strictly adhere to the guidelines and regulations framed in this respect and publish the prospectus for the entrance examination of LL.M. well within time in accordance with the guidelines of the UGC.
3.
Mr.Bansal, learned counsel for the respondent nos.1 & 2 submits that there is no doubt a slight delay in publishing the prospectus in 2017, but submits that the same had occurred due to unforeseen and unavoidable circumstances. He, however, assures the Court that respondent nos.1 & 2, will ensure that steps are taken to publish the prospectus well in time as also to comply with all the directions and regulations issued by the UGC in its true letter and spirit.
4.
Learned counsel for the respondent no.4/UGC also submits that in case any complaint is received by the UGC regarding any violation of its guidelines, the same will be considered expeditiously and appropriate action will be taken as per Rules. 5.
In view of the aforesaid statements made by learned counsel for the respondents, the petitioners do not wish to press the petition any further.
6.
The writ petition is disposed of in terms of the aforesaid statements made by learned counsel for the respondents. FEBRUARY 20, 2018/aa
$~22 W.P.(C) 7481/2017 & C.M. No.30818/2017 DELHI PUBLIC SCHOOL VASANT KUNJ AND ANR.... Petitioner Through Mr.Puneet Mittal, Sr. Adv. with Ms.Vasudha Bajaj, Adv.
GOVT OF NCT OF DELHI AND ANR ..... Respondents Through Mr.Ramesh Singh, Adv. with Mr.S.
Pathak, Adv. & Mr.C. Jain, Adv. for GNCTD.
Learned counsel for the respondents submits that he will be filing the counter affidavit during the course of the day. An advance copy thereof has been handed over to learned counsel for the petitioners in Court who prays for three weeks time to file rejoinder affidavit. Time as prayed for, is granted.
List on 22nd March, 2018.
FEBRUARY 20, 2018/aa
$~23 W.P.(C) 8553/2017 & C.M. No.35214/2017 DELHI PUBLIC SCHOOL VASANT VIHAR AND ANR. .Petitioner Through Mr.Puneet Mittal, Sr. Adv. with Ms.Vasudha Bajaj, Adv.
GOVT. OF NCT OF DELHI AND ANR.
..... Respondents Through Mr.Anuj Aggarwal, Adv. with Ms.Deboshree Mukherjee, Adv. for R-1 & 2.
Learned counsel for the respondents prays for last opportunity of two weeks to file counter affidavit. Time as prayed for, is granted. Rejoinder thereto, if any, be filed within two weeks thereafter. List on 22nd March, 2018.
FEBRUARY 20, 2018/aa
$~25 W.P.(C) 11359/2017 & C.M. No.46397/2017 BIRLA VIDYA NIKETAN ..... Petitioner Through Mr.Kamal Gupta, Adv. with Ms.Tripti Gupta, Adv. & Ms.Sanjana Gupta, Adv.
DIRECTORATE OF EDUCATION ..... Respondent Through Mr.Ramesh Singh, Adv. with Mr.S.
Pathak, Adv. & Mr.C. Jain, Adv. for GNCTD.
Learned counsel for the respondents prays for last opportunity of two weeks to file counter affidavit. Time as prayed for, is granted. Rejoinder thereto, if any, be filed within two weeks thereafter. List on 22nd March, 2018.
FEBRUARY 20, 2018/aa
$~26 W.P.(C) 8071/2017 & C.M. No.33212/2017 DELHI PUBLIC SCHOOL ROHINI AND ANR ..... Petitioner Through Mr.Puneet Mittal, Sr. Adv. with Ms.Vasudha Bajaj, Adv.
GOVT OF NCT OF DELHI AND ANR ..... Respondents Through Mr.Ramesh Singh, Adv. with Mr.S.
Pathak, Adv. & Mr.C. Jain, Adv. for GNCTD.
Learned counsel for the respondents prays for last opportunity of two weeks to file counter affidavit. Time as prayed for, is granted. Rejoinder thereto, if any, be filed within two weeks thereafter. List on 22nd March, 2018.
FEBRUARY 20, 2018/aa
$~27 W.P.(C) 8970/2017 & C.M. No.36716/2017 DELHI PUBLIC SCHOOL DWARKA & ANR ..... Petitioners Through Mr.Puneet Mittal, Sr. Adv. with Ms.Vasudha Bajaj, Adv.
GOVT. OF NCT OF DELHI & ANR ..... Respondents Through Mr.Ramesh Singh, Adv. with Mr.S.
Pathak, Adv. & Mr.C. Jain, Adv. for GNCTD.
Mr.Gautam Narayan, Adv. with Mr.R.A. Iyer, Adv.
Learned counsel for the respondents prays for last opportunity of two weeks to file counter affidavit. Time as prayed for, is granted. Rejoinder thereto, if any, be filed within two weeks thereafter. List on 22nd March, 2018.
FEBRUARY 20, 2018/aa
$~24 W.P.(C) 9979/2017 & C.M. No.40706/2017 SH. HARSH MATHUR ..... Petitioner Through Mr.S.R. Sethi, Adv. with Mr.Daryl Menezes, Adv.
UNIVERSITY OF DELHI AND ANR.
..... Respondents Through Mr.Mohinder J.S. Rupal, Adv. with Mr.Prang, Adv. & Ms.Slomita Rai, Adv. for R-1.
Ms.Avnish Ahlawat, Adv. for R-2.
Learned counsel for the respondent no.1 has produced certain records. However, the relevant answer sheet and question paper have not been produced so as to assist the Court in coming to a conclusion whether the case of the petitioner falls under category 'B' or 'C'. Mr.Rupal, learned counsel for respondent no.1 prays for some time to produce the requisite records.
At request, adjourned to 26th February, 2018. FEBRUARY 20, 2018/aa
$~3 W.P.(C) 5348/2017 & C.M. Nos.22636/2017 & 47270/2017 ANUPAMA COLLEGE OF ENGINEERING ..... Petitioner Through Mr.Aseem Mehrotra, Adv.
ALL INDIA COUNCIL FOR TECHNICAL EDUCATION AND ORS ..... Respondent Through Mr.Anil Soni, Adv. with Mr.Nivesh Sharma, Adv. for R-1/AICTE.
Arguments heard in part. List for continuation of arguments on 27th February, 2018.
FEBRUARY 20, 2018/aa
$~6 W.P.(C) 7695/2014 RAGHUBIR SINGH ..... Petitioner Through Mr.B.S. Mathur, Adv. with Mr.Rajat Mathur, Adv.
GOVT OF NCT OF DELHI & ORS.
..... Respondents Through Mr.Santosh Kumar Tripathi,Adv.
with Mr.Shashank Shekhar, Adv. for GNCTD.
Despite pass over, learned senior counsel for the petitioner is not available.
At request, adjourned to 22nd March, 2018.
FEBRUARY 20, 2018/aa
$~7 W.P.(C) 10569/2015 OPTIMUM INTERNATIONAL SCHOOL ..... Petitioner Through Mr.Sanjay Sharwat,Adv.
CENTRAL BOARD OF SECONDARY EDUCATION ...Respondent Through Ms.Seema Dolo, Adv. for Mr.Amit Bansal, Adv. for CBSE.
Despite pass over, learned counsel for the respondent is not available as he is stated to be held up in another Court. At request, adjourned to 21st March, 2018.
FEBRUARY 20, 2018/aa
$~21 W.P.(C) 7476/2017 & C.M. No.30807/2017 DIVYA GUPTA ..... Petitioner Through Mr.Jaspreet Singh, Adv.
DELHI UNIVERSITY & ANR ..... Respondents Through Mr.Mohinder J.S. Rupal, Adv. with Mr.Prang, Adv. & Ms.Slomita Rai, Adv. for Delhi University.
Learned counsel for the respondents prays for a pass over. At this stage, learned counsel for the petitioner submits that he would be in personal difficulty if the matter is passed over and prays for a short accommodation.
At request, adjourned to 16th April, 2018.
FEBRUARY 20, 2018/aa
$~9 W.P.(C) 3314/2016 & C.M.Nos.14137/2016, 38513/2017 & 38514/2017.
ALL INDIA CARROM FEDERATION ..... Petitioner Through Mr.V.D.Narayan, General Secretary of the Petitioner.
UNION OF INDIA & ANR.
..... Respondent Through Mr.Bhagwan Swarup Shukla, Advocate.
Mr.Aseem Malhotra with Mr.Devang Gautam, Advocates for R-2.
Despite last order, Mr. B.S.Shukla, learned counsel for the respondent no.1 is unable to make a categoric statement with reference to any document as to whether Mr.P.S.Bachher stood suspended on 05.07.2015. He draws my attention to certain notesheets, however having perused the same I am unable to find anything to substantiate the averment in the interim order dated 04.02.2016 that Mr. P.S.Bachher actually stood suspended at the time of issuance of the election notice.
In view of the fact that the aforesaid factor is a crucial issue for deciding the lis between the parties to direct the Union of India to file
an affidavit of a responsible officer within two weeks alongwith supporting documents to show that Mr. P.S.Bachher actually stood suspended on 05.07.2015.
It is made clear in case requisite affidavit is not filed within the time so granted, the concerned officer will remain present in Court on the next date of hearing.
List on 22.03.2018.
FEBRUARY 20, 2018 sr
$~10 W.P.(C) 5684/2016 & C.M.No.23518/2016(for stay) VIJAY KUMAR ..... Petitioner Through Mr.Jai Sahai Endlaw, Advocate.
UNION OF INDIA & ORS ..... Respondent Through Mr.Ajay Digpaul, CGSC with Ms.Madhuri Dhingra, Advocate for UOI.
Mr.V.D.Narayan, General Secretary for R-2 & 3. The present writ petition is connected with the W.P.(C) No.3314/2016 in which a direction has been issued to the respondents to file an affidavit of a responsible officer to the effect that Mr. P.S.Bachher actually stood suspended on 05.07.2015 thereby vitiating the elections held on 29.11.2015 as the election notice was, admittedly, issued by the said Mr. P.S.Bachher. List on 22.03.2018, for further arguments.
FEBRUARY 20, 2018 sr
$~19 W.P.(C) 7293/2017 & C.M.No.30176/2017(for stay) AKASH VERMA ..... Petitioner Through Appearance not given.
DELHI UNIVERSITY & ANR ..... Respondent Through Ms.Slomita Rai, Proxy counsel with Mr.Prang Newmai, Advocates.
The matter was passed over twice. On the third call, Ms.Slomita Rai, proxy counsel for the respondents submits that the main counsel is held up before another Court and requests for an adjournment. The request is not opposed.
At request, adjourned to 06.03.2018.
FEBRUARY 20, 2018 sr
$~31 W.P.(C) 10612/2017 NIKHIL SHARMA ..... Petitioner Through Ms.Priyanka Sharma Goswami with Ms.Anusuya Sadhu Sinha, Ms.Amrita Sharma, Mr.Javedur Rahman, Advocates.
GURU GOBIND SINGH INDRAPRASTHA UNIVERSITY AND ANR.
..... Respondent Through Ms.Niyati Patwardhan, proxy counsel for R-1.
Mr.Ayush Sharma with Mr.Zubair Akhter, Advocates for R-2.
Ms.Niyati Patwardhan, proxy counsel for the respondent no.1 submits that the main counsel Ms.Ekta Sikri is held up in another Court and requests for a short accommodation. The request is not opposed.
At request, adjourned to 21.02.2018.
FEBRUARY 20, 2018/sr
$~2 W.P.(C) 1372/2018 & C.M.Nos.5713/2018(for stay) MASTER TANMAY ..... Petitioner Through Mr.Amit Sibal, Sr.Advocate with Mr.Deep Karan Dalal, Advocate.
SANSKRITI SCHOOL AND ANR.
..... Respondent Through Mr.P.S.Sudheer, AOR with Ms.Subhoshree Sil, Advocate for R-1.
Mr.Prashanto Chandra Sen, Sr.Advocate with Ms.Udayan Verma, Mr.Subhashree, Advocates for R-2.
Mr.Sanjoy Ghose,ASC with Ms.Urvi Mohan, Advocates for GNCTD.
Arguments heard in part. At request adjourned to 21.02.2018 for further arguments.
FEBRUARY 20, 2018 sr
$~1 W.P.(C) 8264/2017 & CM No.34004/2017 C.J. INTERNATIONAL HOTELS LTD. & ANR ..... Petitioners Through:
Mr.A.S. Chandhiok, Sr. Adv. with Mr.Vikram Sobti, Ms.Shweta Kakkad, Ms.Shruti Gupta & Mr.Mehul Parti, Advs.
NEW DELHI MUNICIPAL COUNCIL & ORS ..... Respondents Through:
None.
The record shows that despite opportunity, counter affidavit has not been filed. Last opportunity of four weeks is granted to the respondents to file the counter affidavits. Rejoinder thereto, if any, be filed within three weeks thereafter.
List on 24.05.2018.
Interim orders to continue.
FEBRUARY 20, 2018 gm
$~30 W.P.(C) 8067/2017 RELIANCE INDUSTRIES LTD AND ORS ..... Petitioners Through:
Mr.Paras Kuhad, Sr. Adv. with Mr.K.R. Sasiprabhu & Mr.Manu Agarwal, Advs.
NEW DELHI MUNICIPAL COUNCIL AND ANR..... Respondents Through:
Mr.A.S. Chandhiok, Sr. Adv. with Mr.Vikram Sobti, Ms.Shweta Kakkad, Ms.Shruti Gupta & Mr.Mehul Parti, Advs. for R-2 The record shows that despite opportunity, counter affidavit has not been filed. Last opportunity of four weeks is granted to the respondents to file the counter affidavits. Rejoinder thereto, if any, be filed within three weeks thereafter.
List on 24.05.2018.
FEBRUARY 20, 2018 gm
$~ 28, 29 W.P.(C) 8056/2017 DIL JIT SINGH AHLUWALIA ..... Petitioner Through:
None.
NDMC & ANR ..... Respondents Through:
Mr.A.S. Chandhiok, Sr. Adv. with Mr.Vikram Sobti, Ms.Shweta Kakkad, Ms.Shruti Gupta & Mr.Mehul Parti, Advs. for R-2 W.P.(C) 8064/2017 SAAB INDIA TECHNOLOGIES (P) LTD AND ANR..... Petitioners Through:
None.
NEW DELHI MUNICIPAL COUNCIL AND ANR..... Respondents Through:
Mr.A.S. Chandhiok, Sr. Adv. with Mr.Vikram Sobti, Ms.Shweta Kakkad, Ms.Shruti Gupta & Mr.Mehul Parti, Advs. for R-2 Adjournment slip has been moved on behalf of the petitioner to which no objection has been given by the respondents. The record shows that despite opportunity, counter affidavit has
not been filed. Last opportunity of four weeks is granted to the respondents to file the counter affidavits. Rejoinder thereto, if any, be filed within three weeks thereafter.
List on 24.05.2018.
FEBRUARY 20, 2018 gm
$~13 & 14 W.P.(C) 11914/2016 & CM No.46999/2016 BBN PRIVATE ITI ..... Petitioner Through:
Mr.Shiv Shankar, proxy counsel.
DIRECTORATE GENERAL OF TRAINING AND ANR ..... Respondents Through:
Mr.C.M. Goyal, Adv. for R-1.
Mr.Vishal Rao, Adv. for R-2.
W.P.(C) 11916/2016 & CM No.47002/2016 PRAHLAD PRIVATE ITI ..... Petitioner Through:
Mr.Shiv Shankar, proxy counsel.
DIRECTORATE GENERAL OF TRAINING AND ANR ..... Respondents Through:
Mr.C.M. Goyal, Adv. for R-1.
Mr.Vishal Rao, Adv. for R-2.
Learned counsel for the respondents submits that the prayers in the petitions for grant of affiliation relate to academic year 20162017. He further submits that the petitioners have not submitted any application for grant of affiliation for the subsequent years and, therefore, the present petitions are not maintainable. Learned proxy counsel for the petitioner submits that the main
counsel is not available and prays for a short accommodation to get instructions.
At request, adjourned to 27.02.2018.
FEBRUARY 20, 2018 gm
$~15 W.P.(C) 1606/2017 & CM No.7230/2017 SEEMA SHARMA ..... Petitioner Through:
Mr.Mohd. Arif, Adv.
DIRECTOR OF EDUCATION AND ORS ..... Respondents Through:
Mr.Zahid Hanif, proxy counsel for Mr.Naushad Ahmed Khan, ASC for R-1 to 3.
Mr.Atul Jain, Adv. for R-4 to 7.
Ms.Sangeeta Deswal, DEO, Zone-16, Directorate of Education.
Order dated 16.05.2017 passed by this Court records that the statement of learned counsel for the respondents that the matter had been referred to the Deputy Controller of Accounts of the Finance Department, Government of NCT for its views and therefore on request the matter had been adjourned to await the said report. The said report has not been placed on record till date. Learned counsel for respondent Nos.1 to 3 is unable to state as to whether the report has been finalized or not. He seeks time to get instructions.
In the meanwhile, learned counsel for respondent Nos.1 to 7
prays for time to file the counter affidavit. Last opportunity of four weeks is granted to respondent Nos.1 to 7 to file the counter affidavit with an advance copy to counsel for the petitioner. Rejoinder thereto, if any, be filed within three weeks thereafter. It is made clear that the counter affidavit filed by respondent Nos.1 to 3 will also deal with the aspect about the report referred to in this Court's order dated 16.05.2017.
List on 23.05.2018.
FEBRUARY 20, 2018 gm
$~12 W.P.(C) 11508/2016 TAEKWONDO FEDERATION OF INDIA (TFI) THROUGH ITS SECRETARY ..... Petitioner Through:
Mr.Anurag Kishore & Mr.Anurag Sharma, Advs.
RENU MAHANT & ORS ..... Respondents Through:
Mr.Ruchir Mishra, Mr.Mukesh Kr.
Tiwari & Mr.Abhishek Rana, Advs.
for R-3.
As per office report, respondent Nos.4, 5, 7, 8, 9 and 11 to 21 are unserved.
Learned counsel for the petitioner submits that he has filed an affidavit of service to show that the said respondents have been served by way of speed post and courier. The said affidavit of service is not on record. Let the same be placed on record. In view of the submission made by learned counsel for the petitioner, for the time being, no fresh notice need to be issued to the said respondents.
In the meanwhile, respondent Nos.1 and 3 are granted last
opportunity to file the counter affidavit. Rejoinder thereto, if any, be filed within three weeks thereafter.
List on 07.03.2018.
FEBRUARY 20, 2018 gm
$~8 W.P.(C) 865/2016 JAWALA PRASAD ..... Petitioner Through:
Mr.Ram Kumar Jayant, proxy counsel.
THE FINANCIAL COMMISSIONER AND ORS..... Respondents Through:
Mr.Gautam Narayan, ASC with Mr.R.A. Iyer, Advs. for R-2 & 3.
Learned proxy counsel for the petitioner submits that the main counsel is held up in another Court and prays for an adjournment. At request, adjourned to 24.05.2018.
FEBRUARY 20, 2018 gm
$~4 & 5 W.P.(C) 11957/2009 & CM Nos.12130/2009, 3712/2013 JANARDAN RAI NAGAR RAJASTHAN VIDYAPEETH (DEEMED) UNIVERSITY ..... Petitioner Through:
Mr.Ashwini Kumar Mata, Sr. Adv.
with Mr.Deepak Kunwar & Mr.S.
Vijay Kanth, Advs.
DISTANCE EDUCATION COUNCIL AND ORS..... Respondents Through:
Mr.Anil Soni, CGSC for UOI.
Mr.Nivesh Sharma, Adv. for AICTE.
Mr.Apoorv Kurup & Mr.A.C.
Boxipatro, Advs. for UGC.
W.P.(C) 7751/2011 & CM No.17544/2011 KARNATAKA STATE OPEN UNIVERSITY THROUGH ITS REGISTRAR ..... Petitioner Through:
Mr.Ashwini Kumar Mata, Sr. Adv.
with Mr.Deepak Kunwar & Mr.S.
Vijay Kanth, Advs.
DISTANCE EDUCATION COUNCIL .... Respondent Through:
Mr.Anil Soni, CGSC for UOI.
Mr.Nivesh Sharma, Adv. for AICTE.
Mr.Apoorv Kurup & Mr.A.C.
Boxipatro, Advs. for UGC.
Mr.Matta, learned senior counsel for the petitioner submits that a similar petition relating to another State University was dismissed by the High Court of Judicature at Hyderabad for the State of Telangana and the State of Andhra Pradesh, against which an SLP was preferred and the said SLP is pending consideration before the Hon'ble Supreme Court. He submits that in the said matter, the Hon'ble Supreme Court has granted status quo and therefore, prays that the present petition may also be deferred to await the outcome of the said SLP. The said position is not disputed by the learned counsel for the respondents.
At request, adjourned to 12.07.2018.
FEBRUARY 20, 2018 gm
$~11 W.P.(C) 11283/2016 SIMMI CHAWLA ..... Petitioner Through:
None.
GOVT OF NCT OF DELHI ..... Respondent Through:
None.
None appears on behalf of the parties.
In the interest of justice, adverse orders are deferred. List on 23.05.2018.
FEBRUARY 20, 2018 gm
$~32 W.P.(C) 7503/2016 RAM BADAN YADAV AND ANR ..... Petitioners Through:
Mr.Ajit Singh & Ms.Shashi Ranjan, Advs.
UNION OF INDIA AND ORS ..... Respondents Through:
Mr.Joydeep Majumdar with Mr.Rohit Dutta & Mr.M. Bhattacharya, Advs.
with Mr.S. Ramachandra Rao, General Secretary of R-3.
CM No.6571/2018 This is an application filed on behalf of respondent No.3 seeking recall/modification of order dated 24.08.2015 passed by Hon'ble Mr.Justice Siddharth Mridul.
List this application before the same Bench on 23.02.2018, subject to orders of Hon'ble the Acting Chief Justice. FEBRUARY 20, 2018 gm
$~33 W.P.(C) 11498/2016 HAR KAUR CHADHA & ANR ..... Petitioners Through:
Ms.Manu Aggarwal & Mr.Jayant Mohan, Advs.
NCT OF DELHI & ANR ..... Respondents Through:
None.
CM No.6570/2018 This is an application filed on behalf of petitioner No.2 seeking deletion of the name of petitioner No.1, his deceased mother from the array of parties.
Learned counsel for the petitioners submits that since this writ petition has been filed challenging an order dated 04.02.2016 passed by the respondent No.1 rejecting the joint application moved by petitioner Nos.1 and 2 seeking mutation of property in the name of the father of petitioner No.2 and the husband of petitioner No.1, no prejudice will be caused to any of the legal heirs of petitioner No.1, if the name of petitioner No.2 is deleted as the prayer in the application was that the property should be mutated in the name of petitioner No.2's father. He, therefore, contends that if the property is mutated
in the name of the father of petitioner No.2, the same would enure to the benefit of all legal heirs.
Issue notice to the respondents through counsel by ordinary process, Regd. A.D. and dasti, returnable on 06.03.2018 i.e. the date already fixed.
FEBRUARY 20, 2018 gm
$~34 W.P.(C) 1591/2018 COLONEL JAGANNATH SINGH MAHAVIDYALAYA ..... Petitioner Through:
Mr.Ravi Kant & Mr.Mayank Manish, Advs.
NATIONAL COUNCIL FOR TEACHER EDUCATION AND ANR. ..... Respondent Through:
Ms.Monika Arora with Mr.Kushal Kumar, Advs.
In the present writ petition, the petitioner is seeking a direction to the Northern Regional Committee/respondent no.2 to process and decide the application of the petitioner for grant of the final recognition to the remaining one unit of Diploma in Elementary Education (D.El.Ed.) of the petitioner/Institute for the next academic session under Regulation 7(16) of NCTE (Recognition Norms and Procedure) Regulation 2014.
The learned counsel for the petitioner submits that though the petitioner had sought recognition of two units comprising 100 seats for the D.El.Ed. course, the respondent no.2 has granted recognition for only one unit i.e. 50 seats. He further submits that the respondent no.2 has upto this date, not pointed out any deficiency for not granting recognition for the second unit to the petitioner/Institute.
He, therefore, prays that the respondents be directed to consider the contentions raised by the petitioner in the present writ petition before taking a final decision in respect of the recognition of the second unit.
In support of his aforesaid plea, the learned counsel for the petitioner relies on the orders passed by this Court in W.P.(C)5017/2016 tilted Sant Tapasvi Narayan Das Foundation and Anr. v. National Council for Teacher Education and W.P.(C) 3480/2017 titled East N West Foundation & Anr V. National Council for Teacher Education & Anr. and prays for similar directions in the present case.
Learned counsel appearing for the respondent/NCTE on advance notice is unable to either deny or admit the contentions made by the learned counsel for the petitioner.
Keeping in view the contentions raised by the learned counsel for the petitioner and the orders passed by this Court, the respondents are directed to treat the present writ petition as a representation and decide the same by passing a reasoned and speaking order within six weeks.
If the petitioner is aggrieved by the said order, he will have liberty to take legal recourse as per by law. The petition stands disposed of in the above terms. A copy of this order be given dasti under the signature of Court Master.
FEBRUARY 20, 2018/gm
$~35 W.P.(C) 1593/2018 O P MEMORIAL COLLEGE OF EDUCATION ..... Petitioner Through:
Mr.Sanjay Sharawat, Adv.
NATIONAL COUNCIL FOR TEACHER EDUCATION & ANR ..... Respondents Through:
Ms.Monika Arora with Mr.Kushal Kumar, Advs.
The petitioner has filed the present petition being aggrieved by the fact that its application for grant of recognition for conducting Diploma in Elementary Education, was rejected on the ground that a negative recommendation had been given by the State of Haryana. Learned counsel for the petitioner submits that the said rejection by the respondent was illegal and arbitrary as the same overlooks the vital fact that the petitioner's application was made much prior to the imposition of ban by the State of Haryana.
Notice. Ms.Monika Arora, Advocate accepts notice and fairly submits that the matter is squarely covered by the earlier judgment of this Court wherein based on the decision taken by the respondents themselves that cases where applications were made before the date
of imposition of ban, would be favourably considered subject to fulfilling of other criteria.
In view of the stand taken by the respondents, the petition is allowed. The order dated 30.08.2016, passed by the respondent no.2 rejecting the petitioner's application for recognition is quashed. The petitioner's application, being otherwise in order, the respondents are directed to process the application of the petitioner before 3rd March, 2018, which is the last date for grant of recognition for the academic session 2018-19.
The writ petition is disposed of with the above directions. A copy of this order be given dasti under the signatures of the Court Master.
FEBRUARY 20, 2018 gm
$~36 W.P.(C) 1594/2018 APNA COLLEGE ..... Petitioner Through:
Mr.Sanjay Sharawat, Adv.
NATIONAL COUNCIL FOR TEACHER EDUCATION & ANR ..... Respondents Through:
Ms.Monika Arora with Mr.Kushal Kumar, Advs.
The petitioner has filed the present petition being aggrieved by the fact that its application for grant of recognition for conducting Diploma in Elementary Education, was rejected on the ground that a negative recommendation had been given by the State of Haryana. Learned counsel for the petitioner submits that the said rejection by the respondent was illegal and arbitrary as the same overlooks the vital fact that the petitioner's application was made much prior to the imposition of ban by the State of Haryana.
Notice. Ms.Monika Arora, Advocate accepts notice and fairly submits that the matter is squarely covered by the earlier judgment of this Court wherein based on the decision taken by the respondents themselves that cases where applications were made before the date
of imposition of ban, would be favourably considered subject to fulfilling of other criteria.
In view of the stand taken by the respondents, the petition is allowed. The order dated 30.12.2016, passed by the respondent no.2 rejecting the petitioner's application for recognition is quashed. The petitioner's application, being otherwise in order, the respondents are directed to process the application of the petitioner before 3rd March, 2018, which is the last date for grant of recognition for the academic session 2018-19.
The writ petition is disposed of with the above directions. A copy of this order be given dasti under the signatures of the Court Master.
FEBRUARY 20, 2018 gm
$~16 W.P.(C) 4129/2017 & CM Nos.45643/2017, 18053/2017 INDEPENDENT SCHOOLS FEDERATION OF INDIA (REGD.) & ANR ..... Petitioners Through:
Mr.Prashant Singh & Mr.Ravi Prakash Gupta, Advs.
THE UNION OF INDIA & ANR ..... Respondents Through:
Mr.Vikas Mahajan, CGSC with Mr.Shyam Sundar Rai & Mr.Deepak Goyal, Advs. For R-1.
Ms.Seema Dolo, proxy counsel for Mr.Amit Bansal, Adv. for R-2.
Learned counsel for the petitioner seeks further four weeks time to file the rejoinder affidavit. As a last opportunity, time prayed for is granted.
List on 24.05.2018.
FEBRUARY 20, 2018 gm
$~18 W.P.(C) 7131/2017 & CM No.29550/2017 SUNDARI KUMARI (MINOR) THR HER FATHER SANJAY GOSYAMI ..... Petitioner Through:
Mr.Anshul Sharma & Ms.Nupur Sharma, Advs.
GNCT OF DELHI AND ORS ..... Respondents Through:
Ms.Isha Khanna & Ms.Anam Ahmed, Advs. For R-1 & 2.
Mr.Pulkit Agarwal, Adv. For R-3 & 4.
Learned counsel for respondent Nos.1 and 2 seeks further time to file the affidavit in terms of the last order dated 29.01.2018. At request, two weeks further time is granted to respondent Nos.1 and 2 to file an affidavit. Response thereto, if any, be filed within two weeks thereafter.
List on 27.04.2018.
FEBRUARY 20, 2018 gm