Eskay Educational Trust And Another vs State Of Uttarakhand And Others @ RESPONDENT

SUDHANSHU DHULIA, J. (ORAL)

Petitioner no. 2 is an educational institution which is being run by a trust, namely, Eskay Educational Trust i.e. petitioner no. 1. It is aggrieved by the

orders dated 20.3.2018 and 7.6.2018 passed by the Registrar, Hemwati Nandan Bahuguna Garhwal University, Srinagar. By the impugned order

dated 20.3.2018, a decision has been taken that affiliation, extension of seats, recognition of courses, etc., granted to all institutions after 15.1.2009

stand effectively cancelled, as the institutions will roll back to pre 15.1.2009 position.

The aforesaid order dated 20.3.2018 has also been challenged in another Writ Petition (M/S) No. 1174 of 2018 where on 11.5.2018, this Court

observed that the said order, prima facie, seems to be arbitrary and stayed the effect and operation of the order.

Petitioner has brought to notice of this Court another order passed on 7.6.2018 i.e. after the interim order was passed by this Court on 11.5.2018 in

Writ Petition (M/S) No. 1174 of 2018. This order has been passed by Dr. A.K. Jha, Registrar of respondent University.

Last two paragraphs of the said order read as under:

“It is further to clear that the orders of affiliation of new courses after 14th Jan 2009 are also cancelled and considered null and void from the

Academic Session 2018-19 onwards.

Concerned college/institute shall be responsible, if extra admission given in any course against the sanctioned seats (as on 14th Jan 2009). The

University will not conduct exam of such extra students in any condition.â€​

The aforesaid order is prima facie contemptuous. The operation and effect of the impugned order dated 20.3.2018 and 7.6.2018 are hereby stayed.

Notices are hereby also issued to Dr. A.K. Jha, Registrar, Hemwati Nandan Bahuguna Garhwal University, Srinagar Garhwal to show cause as to

why the contempt proceedings be not initiated against him as having knowledge of the interim order dated 11.5.2018 passed by this Court, yet he has

passed the order dated 7.6.2018 which is in clear violation of the above order.

Let the response be filed before the next date of listing.

List on 21.6.2018 along with WPMS Nos. 1172, 1173, 1174, 1322, 1323 and 1120 of 2018 in the daily cause list.