Disha Parmarthik Lok Nyas vs State Of M. P. And Others

Learned counsel for the petitioner has argued before this Court that an identical petition has been disposed of vide order dated 16/06/2020 passed in Writ Petition No.6304/2020 (Shri Radhe Goverdhan Shikshan Prasikshan Avam Koushal Vikas Samiti, Ujjain Vs. State of M. P.) and the same reads as under:-

"Mr. Sudhanshu Vyas, learned counsel for the petitioner(s).Mr. Pushyamitra Bhargava, learned Addl. Advocate General for the respondent State. Mr. Ashutosh Nimgaonkar, learned counsel for the respondent No.4 - University.

Heard.

Regard being had to the similitude in the controversy involved in the present cases, the writ petitions were analogously heard and by a common order, they are being disposed of by this Court. Facts of Writ Petition No. 6304/2020 are narrated hereunder.

The petitioner before this Court has filed this present writ petition for issuance of an appropriate writ, order or direction, directing the respondent respondent - University to charge affiliation fees keeping in view the resolution dated 2/9/2005 passed by the Executive Council.

Undisputedly, the issue regarding levy of affiliation fee has been decided by the Full Bench of this Court in the case of Om Shanti Shiksha Samiti, Bagli Vs. State of MP (W.P.No. 21415 / 2017, decided on 25/10/2018). Even this Court has decided the issue in question in the case of Sahib Shiksha Samiti Evam Samaj Kalyan Samiti Vs. State of Madhya Pradesh and others passed in (W.P.No. 4625/2016, decided on 3/8/2016). Lastly, this Court has decided W.P.No. 2207/2019 (Shri Radhe Goverdhan Shikshan Prashikshan Avam Koushal Vikas Samiti, Ujjain Vs. State of MP and others) on 21/11/2019.

Keeping in view the aforesaid, this Court is of the considered opinion that the University has to comply the orders passed by this Court from time to time and in case any violation is being done by the University, the petitioner does have a remedy to file a Contempt Petition. As the lis has already been decided by this Court and, therefore, the present petition stands dismissed with liberty to the petitioner to file a contempt petition, if so, advised.

A copy of this order be placed in the record of connected Writ Petitions."

As the controversy involved in the present case stands concluded on account of the judgment delivered on 16/06/2020, the present petition also stands disposed of and the judgment delivered in Writ Petition No.6304/2020 shall be applicable mutatis-mutandis in the present case also. The petitioner shall be free to take appropriate action in accordance with law.

Certified copy as per rules.