DAV College Society (Regd.) vs The State of Haryana and Others

Viney Mittal, J.—Notice of motion to the respondents.

On the asking of Court, Shri Ashok Jindal, Additional Advocate General, Haryana accepts notice on behalf of respondents No. 1 and 2.

Shri Balram Gupta, Senior Advocate with Shri Pankaj Sharma accepts notice on behalf of respondent No. 2. Copies of the writ petition have been supplied to the learned Counsel for the respondents.

The petitioner DAV College Society (Regd.) has approached this Court for issuance of directions to respondent No. 3, Maharishi Dayanand University, Rohtak to consider and grant affiliation to the College run by the petitioner society and also directions to respondents No. 1 and 2 to include the petitioner''s College in the counselling for admission to MBA course for the session 2006-07. It has been averred in the petition that the aforesaid counselling is scheduled to be held with effect from August 26, 2006. The petitioner has averred that since All India Council for Technical Education has already granted an approval to the institution run by the petitioner society vide communication dated August 21, 2006 (Annexure P.4), therefore, no further approval or no objection certificate was required from the State Government and in these circumstances the University was obliged to grant an affiliation for the aforesaid course. The petitioner society has further averred that an inspection team of the University had conducted the inspection and had pointed out certain deficiencies. All the aforesaid deficiencies had been removed and a report had been submitted in this regard. However, the University only on account of the fact that the State Government had not granted necessary approval was not granting requisite affiliation.

After hearing the learned Counsel for the parties and taking into consideration the pleas raised by the petitioner, we find that the controversy in the present case is squarely covered by a Division Bench Judgment of this Court dated July 25,2006 passed in CWP No. 11102 of 2006 (Satya Sewa Sansthan (Regd.) v. State of Haryana and Ors.).

In view of the aforesaid fact, the present writ petition is also allowed in terms of Satya Sewa Sansthan''s case (supra). As a consequence, the institution run by the petitioner society shall be included in the counselling process for admission to MBA course for the academic session 2006-07.

A copy of the order be given dasti to the learned Counsel for the parties under the signatures of Bench Secretary.