Hari Ram Bhatt and Others vs State of Uttarakhand and Others

B.S. Verma, J.—Heard learned Counsel for the parties.

By means of this writ petition, the Petitioner has sought writ in the nature of certiorari quashing the order impugned dated 13.08.2009 (Annexure No. 1 to this writ petition) passed by Respondent No. 1 whereby the B. Tech degree has been held invalid on the ground that it is not recognized by the University Grant Commission (UGC) and All India Council for Technical Education (AICTE) as well as Distance Education Council (DEC).

According to the Petitioners the impugned order was passed on the basis of communication letter dated 10.01.2008 of Mr. S.C. Chaddha, Deputy Secretary, U.G.C., letter dated 07.02.2009 of Dr. V.K. Kohli, Assistant Director of A.I.C.T.E., letter dated 19.11.2007 by which the information was supplied by the UGC under Right to Information Act to one Mr. K.C. Uniyal on 19.11.2007 and letter dated 01.11.2007 of D.E.C.

Learned Counsel for the Petitioners further contended that the course was given ex-post-facto recognition by the joint committee of U.G.C., A.I.C.T.E. and D.E.C. but this fact was not considered when the order impugned was passed by the Secretary, State of Uttarakhand and even no opportunity of hearing was given to the Petitioner before passing the order impugned.

This fact is not disputed that the Petitioners were not heard by the Secretary, State of Uttarakhand before passing the impugned order. Petitioners have been deprived of their valuable rights without giving opportunity of hearing, which is in violation of principle of natural justice as well as fair play. Therefore, without entering into the merits of the case, the writ petition is liable to be disposed of.

The writ petition is disposed of giving liberty to the Petitioners to move representation for recalling the impugned order and may raise all the grounds (including the ground that the course was given ex-post-facto recognition by the joint committee of U.G.C., A.I.C.T.E. and D.E.C.), raised in this writ petition, before the Secretary concerned, who shall pass a fresh and reasoned order after hearing the Petitioners within a period of four weeks from the date of presentation of representation before the Secretary concerned. Till the decision is taken on the representation of the Petitioners, the impugned order shall be kept in abeyance.