Court No. - 16
Case :- WRIT - C No. - 24136 of 2018 Petitioner :- Shri Bala Ji Maharaj Mahavidhyalaya, Hathras Respondent :- State Of U P And 3 Others Counsel for Petitioner :- Rohit Pandey Counsel for Respondent :- C.S.C.
Hon'ble Mrs. Sangeeta Chandra,J.
Oral
The petitioner has approached this Court challenging the order dated 27.6.2018 passed by the Secretary Examination Regulatory Authority, U.P., Allahabad rejecting the application of the petitioner for grant of affiliation for D.El.Ed. (BTC) Course for academic session 2018-19 and also for quashing of the order dated 18.6.2018 issued by the Government of U.P. and the order dated 7.3.2018 passed by the State Level Committee in its meeting of the same date and for a mandamus commanding the respondents to grant affiliation of D.El.Ed. (BTC) Course to the petitioner's Institution forthwith.
Learned counsel for the petitioner submits that copy of the State Level Committee meeting decision dated 7.3.2018 where the case of the petitioner's Institution being rejected on certain shortcomings has not been given to him, nor has the decision dated 18.6.2018 taken by the State Government approving the said decision of the State Level Committee being given to it, only a communication dated 27.6.2018 has been sent by the respondent no. 3 referring to the State Level Committee meeting decision dated 7.3.2018 and its approval by the State Government on 18.6.2018.
The alleged shortcoming found on inspection of the building of the petitioner's Institution is to the effect that only some part of the building has been properly constructed whereas the other part is made up of guarder and stone slabs.
Learned counsel for the petitioner has referred to the inspection report that was provided to the Institution which mentions that on inspection it was found that the walls of the Institution are permanently constructed and half of the roof is made up of RBC or is permanent in nature whereas the other part has guarders and stone slabs on it. It is this inspection report filed as Annexure no. 8, which has been relied upon by the State Level Committee to reject the application for affiliation.
Learned counsel for the petitioner submits that similar inspection report was submitted with respect to several other Institutions, for example, H.P.D. Teacher Training School, Plot No. 19, NH-93, Hathras. A copy of the inspection report mentioning that half of the roof was permanently constructed and the other half was constructed of guarder and stone slabs has been filed as Annexure no. 19.
Similarly the inspection report with respect to Sant Shri Asha Ram Ji College of Education, Khasra No.
562 village Rashidpur, District Hathras has been filed at page 124 of the paper book, mention has been made of inspection carried out where half of the roof was found to be permanent and half of it was of guarder and stone slabs. The said college has also been given affiliation on 13.6.2016.
Similarly, Smt. Loung Shree Devi Degree College of the same district Hathras was also inspected and it was reported that the walls of the Institution of permanent construction whereas the roof was made fully of guarder and stone slabs. The said Institution has also been granted affiliation on 3.6.2017.
Dr. V.P. Madnawat College of Educational & Professional Courses, Plot Nos. 532, 533 and 563 of village Kailora of the same district Hathras has been inspected and the inspection report says that the walls of the building concerned are permanent and the roof is made up of guarder and stone slabs. This Institution has also been given affiliation on 15.6.2017.
Learned counsel for the petitioner had initially pointed out this discrepancy and this Court had asked the learned standing counsel to seek instructions in the matter. The instructions that have been sent to the office of the CSC by the respondent no. 3 indicate that the Government Order dated 18.1.2010 laying down the guidelines for grant of affiliation clearly provide that the building should not be temporary in nature.
It is on this Government Order that reliance has been placed to deny affiliation to the college concerned. However, this Court finds that constructions of roof / ceiling by putting guarder and stone slabs does not amount to putting asbestos of shed over it and cannot be said to be a shortcoming that would validly fall under the conditions for affiliation given in paragraph 6 of the Government Order dated 18.1.2010 as mentioned in the instructions sent by the respondent no. 3. The respondent no. 3 has not explained as to how other colleges where roof / ceiling has been constructed in a similar manner by putting guarder and stone slabs have been given affiliation by the same authority.
The order passed by the State Level Committee dated 7.3.2018 and the approval granted by the State Government to the said decision of the State Level Committee dated 18.6.2018 referred to in the communication dated 27.6.2018 have not been sent, but have been referred to and in the instructions sent by the State Government. The Government Order dated 18.1.2010 has been annexed though.
I have perused the same. If the only shortcoming pointed out by the State Level Committee is with respect to the construction of roof through guarder and stone slabs, the said shortcoming seems to be a misinterpretation of the Government Order dated 18.1.2010 and paragraph 6 thereof.
Such a shortcoming was pointed out with respect to other colleges also, but affiliation has been granted to them by the same State Level Committee.
Although, an illegality committed by an authority earlier for extraneous reasons would not entitle the petitioner to be granted parity as Article 14 is a positive concept and there cannot be any parity in illegality, this Court still finds that the objections taken by the State Level Committee on the shortcoming pointed out in the inspection report are frivolous in nature.
The orders impugned are set aside.
The matter is remanded to the State Level Committee to consider afresh and pass appropriate orders in the light of the observations made herein above within a period of six weeks from the date a certified copy of this order is produced before it.
The writ petition is partly allowed to this extent.
Order Date :- 21.8.2018 Arif