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Judgment
B.S. Verma, J.—By means of this petition the Petitioner has sought the following relief-
(i) To issue a writ, order or direction in the nature of certiorari quashing the impugned order dated 8.12.2010, passed by Respondent No. 1 (Annexure No. 5 to the writ petition), in respect of the Petitioner.
(ii) To issue a writ, order or direction in the nature of mandamus commanding the Respondents not to close and not to take any coercive measures against the Petitioner on the pretext of running study center or campus of any out State University.
According to the Petitioner the Petitioner is a registered society under the Registration of Societies Act and the object of the society is to work in the field of education and to set up educational institutions to provide high quality education to people of all classes of the society and to form educational institutions which will provide good quality education to the poor class of the society and make themselves self-sufficient to tie up with reputed institutions and provide employment oriented education to the needy people of the society.
The impugned order has been passed on the ground that the Petitioner is running a distance learning education center of out of State University, i.e. Priest University Tamilnadu. The contention of the Petitioner is that the Petitioner/society is running its own center in distance education and not a study center of out of State University including Priest University. The objection to this effect has been filed by the Petitioner, but that was not considered while passing the impugned order.
In view of above, without entering into the merit of the case, it is provided that the Respondent/authority shall pass a fresh order after considering the objection of the Petitioner. The Petitioner has filed objection before the Director of Higher Education whereas the impugned has been passed by the Secretary, Higher Education Dehradun. Therefore liberty is given to the Petitioner to file his objection before the Secretary, Higher Education within two weeks from today. Thereafter the Secretary, Higher Education shall decide the objection of the Petitioner by a reasoned and speaking order within a period of four weeks.
Till the fresh order is passed by the Secretary on the objection of the Petitioner, the impugned order shall remain in abeyance. However, it is clarified that if the Petitioner does not file any objection before the Secretary High Education Dehradun within a period of two weeks, this order shall automatically come to an end.
With the above direction the writ petition is disposed of finally.