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Judgment
Thakur, J
1) The present Letters Patent Appeal has been preferred against the judgment and order dated 13.12.2019 passed in WP(C) No.3614/2019, WP(C)
No.2209/2019 and OWP No.247/2019.
2) The case set up by the appellants before the Writ court was that the State Administrative Council had approved locations for establishing 40 new
Degree Colleges in the State, amongst which, one was at Zainapora, Wachi falling in District Shopian. Pursuant to the said decision, the
Commissioner/Secretary to Government, Higher Education Department, directed identification of the State land measuring approximately 60 kanals in
urban/semi urban areas and 80 kanals in rural areas for setting up the said colleges.
3) The appellants felt aggrieved of Government Order No.86-HE of 2019 dated 25.02.2019 to the extent the same reflected establishment of the
College at Zainapora instead of Zainapora, Wachi.
4) It was asserted that there was sufficient land available in village Wachi, free from all incumbrances which was suitable for such a College. It was
also urged that the official respondents were obliged to set up the College at Village Wachi and in that regard sought a Mandamus. Additionally, a
Writ of Mandamus was sought against the respondents not to revoke or rescind the order dated 23rd of January, 2019, which, inter-alia, had envisaged
setting up of the College at Zainapora, Wachi.
5) The Writ Court considered the matter and by virtue of judgment and order impugned, the writ petition filed by the appellants has been dismissed,
primarily, on two grounds. It was held that the establishment of a new Degree College and identification of a location was the sole prerogative of the
Executive and that the Court could not, in exercise of power of judicial review, quash the decision and issue direction for locating the College at a
particular place. It was further held that the Court was only to apply itself to test whether the decision making process was fair and bereft of any
arbitrariness. The second ground on which the petition was dismissed was that the appellants had earlier filed writ petition bearing WP(C)
No.2209/2019 on the same cause of action.
6) Counsel for the appellants challenges the judgment and order impugned on the ground that the view expressed by the learned Single Judge was, on
the face of it, erroneous in law, inasmuch as a Mandamus ought to have been issued forcing the respondents to set up the College only at Wachi and
not at Zainapora.
7) Heard learned counsel for the appellants.
8) On a plain reading of the decision of the State Administrative Council, it can be seen that the College had to be set up at Zainapora, Wachi. It is
possible that by mentioning Zainapora as also Wachi, the Administrative Council gave enough free play to the joints to set up the College either at
Zainapora or at Wachi subject to availability of adequate land, free from all incumbrances. The decision to establish such a College at either of the two
places would be purely an executive decision where interference of this Court in extraordinary writ jurisdiction would not be warranted in the absence
of the same suffering from the vice of arbitrariness. It is also not the case of the appellants that Zainapora already has a degree college and, therefore,
establishing second college at the same place would be unwarranted. If that be so, in our opinion, the view expressed by the Writ Court does not
warrant any interference.
9) Be that as it may, the present Letters Patent Appeal is devoid of any merit and is, accordingly, dismissed.