AI Structured Summary
Not yet generated for this judgment
Judgment
Tarun Agarwala, J.—Heard Mr. U.K. Uniyal, the learned Senior Counsel assisted by Mr. Vipul Sharma, the learned Counsel for the Petitioners, Mr. V.B.S. Negi, the learned Asstt. Solicitor General for Respondent Nos. 1 & 3, Mr. H.M. Raturi, the learned Addl. C.S.C. for Respondent Nos. 4 & 6 and Mr. Sunil Upadhyay, Advocate holding the brief of Mr. B.D. Upadhyay, the learned Counsel for Respondent No. 5.
Having heard the learned Senior Counsel for the Petitioners, the Court finds that on the basis of several complaints, an inspection was made on 19.5.2011 by the authority with regard to insufficiencies in relation to maintaining the minimum requirements, norms and standards in respect of teaching staff, equipment, training facilities, etc. Based on the inspection report, a notice dated 3rd June, 2011 was issued directing the Petitioner to show cause by 11th June, 2011 as to why fresh admission for the academic year 2011-12 should not be denied to the institution.
It is alleged that the said notice was not received by the Petitioner within the stipulated period and accordingly, no reply could be furnished nor the Petitioner could appear before the authority concerned. However, the Court finds that a second notice was issued asking the Petitioner to appear on 21st June, 2011. This notice has been duly received.
The learned Counsel for the Petitioner submitted that the entire exercise being initiated by the Respondents is wholly malafide and that the Respondents are demanding extraneous consideration in order to give a fair report.
In my opinion, details of malafides are lacking and the Court is not inclined to entertain such allegations at this stage. Since a notice has been issued to the Petitioner, the Court finds that it would be appropriate that the Petitioner appear before the Respondents on the date fixed and explain their stand and clear the deficiencies, if any, as pointed out in the inspection report.
With these observations, the writ petition is dismissed and it is further directed that the Respondents will take a final decision upon the explanation given by the Petitioner, if any, with regard to the admission of the students for the course in question for the academic year 2011-12 within two weeks from the date of presentation of the certified copy of this order.
Certified copy of this order shall be made available to the learned Counsel for the Petitioners today itself on payment of usual charges.