1. Heard Dr. L.P. Mishra, Assisted by Sri Prafulla Tiwari, learned counsel for petitioner, Sri Savitra Vardhan Singh, learned counsel for respondent Lucknow University and Mr. Pankaj Khare, learned Additional Chief Standing Counsel for the State.
2. Present writ petition is filed by the Bappa Sri Narain Vocational Institute for quashing of the order dated 05.08.2020 passed by the Registrar of Lucknow University imposing penalty of Rs.1,00,000/- (One Lakh) upon the petitioner institution and condition no. 1 of order dated 10.09.2020 also by Registrar of Lucknow University providing that temporary association of the Bappa Sri Narain Vocational Institute (hereinafter referred to as ''petitioner institution') is being extended as a last opportunity and the institution shall get a spot inspection conducted within three months and a report shall be submitted by 31.12.2020 or its recognition for the Session 2021-2022 shall be automatically barred. Further, mandamus is also sought to declare that the petitioner institution be declared as permanent associate college of the University.
3. The facts of the case are that petitioner no.1 is a society running number of educational institutions. Initially the municipal area of the Lucknow city was governed by Lucknow Improvement Trust (hereinafter referred to as ''Trust'). For the purposes of development of education in the city of Lucknow, the trust executed a permanent lease deed dated 05.10.1933, w.e.f. 01.04.1931, in favour of Pt. Jai Narayan Mishra, the then Secretary and Manager of Kanya Kubj Inter College Lucknow. The title area of the land was 31 Bigha, 8 Biswa and 17 Biswansi sitatuated at Cantonment Road, Lucknow. The said Kanya Kubj College was one of the Colleges being run by the petitioner society. The factum of lease was also later duly recognized by the Lucknow Development Authority by its letter dated 26.09.2009. Pt. Jai Narayan Mishra, popularly known as ''Kaka Ji' and Shri Narayan Mishra, popularly known as ''Bappa Ji' were real brothers. In order to provide education, they established number of educational institutions on the said lease land, which are duly recognized, affiliated and existing till date. Petitioner institution was initially known as Bappa Sri Narain Degree College, an associate college of Lucknow University recognized in the year 1954. Later the college was upgraded to the post graduate level and named Bappa Sri Narain Vocational Post Graduate College an associate college of Lucknow University recognized in the year 1995-96. For the purposes of granting association for certain subjects and for similar other purposes it was found necessary that area over which the petitioner institution was initially established be separately earmarked and was so done.
4. So far as the present dispute is concerned, petitioner institution was initially established as a degree college in the year 1954 and the Executive Council of Lucknow University, in its meeting dated 14.05.1954, took a decision to grant it recognition as an associate college, to run its courses of Bachelor of Arts. In the year 1962 the College was also granted recognition for Bachelor of Science. In the year 1968 additional subjects for both B.A. and B.Sc. classes were permitted. The dispute started with the Government Order dated 21.10.2005, whereby the State Government laid down the standards for opening of new degree colleges and recognition and association for additional subjects/courses at graduated and post graduate level in the existing colleges. Paragraph 2(छ) and 2(ज) of the Government Order dated 21.10.2005 reads as under:-
(छ) किसी नये पाठ्यक्रम को प्रारम्भ करने हेतु अनापत्ति प्रदान किये जाने के प्रस्ताव के समय सम्बन्धित/ट्रस्ट निकास के नाम भूमि अनिवार्य रूप से होगी। राजस्व अधिकारी के रूप में खतौनी तहसीलदार द्वारा सत्यापित होगी तथा प्रस्ताव के साथ खतौनी की मूल प्रति शासन को संदर्भित की जायेगी।
(ज) मानकानुसार अपेक्षित भूमि प्रस्तावित महाविद्यालय के नाम राजस्व अभिलेखें में विधितः अन्तरित होने पर ही सम्बद्धता के प्रस्ताव पर विचार किया जायेगा। पैतृक संस्था अपने नाम की भूमि को 30 वर्ष के पट्टे पर महाविद्यालय को विधितः अन्तरित कर सकती है किन्तु 30 वर्ष से कम के पट्टे को मान्य नहीं किया जायेगा।
5. Thus, the said Government Order dated 21.10.2005 required that for starting of new courses, at the time of issuance of grant of no objection certificate, the concerned trust/body shall have land in its own name. The Tehsildar as a Revenue Officer shall verify the revenue record and along with proposal the original revenue record shall be forwarded to the State Government. As per the prescriptions, the land proposal shall be considered only after the proposed land is legally transferred in the name of proposed institution in the revenue records. The parent body having the land in its name may lease the same for a period of 30 years in the name of the institution but a lease for less than 30 years would not be recognized.
6. The petitioner institution also took a decision to start B.Com course and applied for recognition of the said additional course. The State Government vide its letter dated 09.04.2008 granted a no objection certificate/Clearance to the petitioner institution for starting B.Com course under the self finance scheme. The Executive Council of Lucknow University in its meeting dated 30.08.2008, after considering the report of the panel inspector and clearance granted by the State Government, granted temporary association to the petitioner institution for the academic session 2009-10 for its B.Com. course also. The said decision of the Executive Council was communicated to the Principal of the institution by letter of the Registrar of Lucknow University dated 29.12.2008. From the Academic Session 2010-11 up to the Academic Session 2018-19 every year the said temporary association was duly extended.
7. Looking into the fact that large number of old institutions were running since long on the basis of earlier settled rights and title of different nature with regard to their land, and difficulty being suffered by them from the strict prescription made by Government Order dated 21.10.2005, the State Government issued another Government order dated 22.12.2016 modifying/substituting some of the conditions of the earlier issued Government Order dated 21.10.2005. The said substitution also included the condition 2(छ) and 2(ज) and after amendment new condition 2(छ) and 2(ज) of Government Order dated 21.10.2005 read as follows:-
"(छ) किसी नये पाठ्यक्रम को प्रारम्भ करने हेतु अनापत्ति प्रदान किये जाने के प्रस्ताव पर भूमि से सम्बन्धित अभिलेख की आवश्कता नही होगी। नये पाठ्यक्रम के प्रस्ताव के साथ आवेदक को महाविद्यालय प्रारम्भ करने हेतु प्राप्त अनापति प्रमाण पत्र के साथ इस आशय का शपथ संलग्न करना होगा कि महाविद्यालय प्रारम्भ करते समय उपलब्ध भूमि वर्तमान में उपलब्ध है, और उसी भूमि पर नया पाठ्यक्रम संचालित किया जायेगा।
(ज) मानकानुसार अपेक्षित भूमि प्रस्तावित महाविद्यालय के नाम राजस्य अभिलेखों में विधितः अन्तरित होने पर ही सम्बद्धता के प्रस्ताव पर विचार किया जायेगा। पैत्रिक संख्या अपने नाम की भूमि को 30 वर्ष के पट्टे पर महाविद्यालय को विधितः अन्तरित कर सकती है किन्तु 30 वर्ष से कम के पट्टे को मान्य नही किया जायेगा। यह प्राविधान शासनादेश दिनांक 21-10-2005 के पूर्व से संचालित महाविद्यालयो में नये पाठ्यक्रमों की सम्बद्धता के प्रस्ताव पर लागू नहीं होगा।"
8. The amendment made by Government Order dated 22.12.2016 now provided that for starting new courses, existing colleges are not required to submit the land related documents. The institutions are only required to submit a no objection certificate, with a declaration on an affidavit that the land available at the time of starting of the institution is still available with the institution and the new course shall be run on the said land only. Condition 2(ज) specifically provided that the conditions with regard to 30 years lease in favour of the institution would not be applicable with regard to the recognition and association of new courses to be run by the institutions already in existence since before coming into force of the Government Order dated 21.10.2005.
9. When petitioner institution applied for extension of association for its' B.Com course, which was due to expire after Academic Session 2018-19, a letter dated 18.03.2018 was issued by the University to the petitioner institution intimating it that a committee has been constituted for inspection of the institution for submitting its report for grant of permanent association. The said committee conducted an inspection and submitted its report dated 22.06.2018 making its recommendation in favour of the petitioner institution. The said committee, in its recommendations, also specifically stated that petitioner institution is an old institution running since 1954. It further noted the status of the land and also that petitioner institution is covered by the Government Order dated 22.12.2016.
10. By letter dated 07.09.2019 the Registrar of the Lucknow University sought clarification from the State Government on the issue, as to whether, in view of the Government Order dated 22.12.2016, association in a new subject can be granted to a college where land is neither owned by the parent body nor by the managing institution. On 08.08.2019 a letter was sent by the University to the petitioner institution also, informing it that University has sought clarification from the State Government. Ignoring the said clarification sought by the University from the State Government, by impugned order dated 05.08.2020 a penalty of Rs. 1,00,000/- (One Lakh) was imposed upon the petitioner institution for delay in getting permanent association and impugned order dated 10.09.2020 was also issued specifying that the temporary association is being extended for the last time, which are now challenged by the present writ petition.
11. Learned counsel for the petitioner submits, that, admittedly the petitioner institution is running since 1954 and on the same land new course of B.Com was started from the year 2008 with temporary association. Thus, the petitioner institution is covered by the Government Order dated 22.12.2016. In view thereof, University is required to take final decision on the inspection report submitted by its' committee. Once the decision was pending at the end of the University, after all the formalities on part of the petitioner institution were completed, neither any penalty could be imposed upon the petitioner nor any warning could be given to it.
12. The stand of the University is that since it is awaiting clarification from the State Government, it is unable to give permanent association to the petitioner institution. It is also submitted on behalf of the University that petitioner institution had not taken timely steps for its recognition, therefore, as per the decision of the Executive Council, penalty is imposed upon the institution and it is also warned to get the needful done forthwith for its permanent recognition, failing which, consequences as indicated in the impugned letter would follow.
13. Learned Standing Counsel was also asked to seek instructions from the State Government and he has placed before this Court the clarification Order dated 20.09.2021, wherein the State Government has quoted condition 2(ज) of the Government Order dated 22.12.2016, and has provided that Lucknow University is expected to decide the matter in the light of the aforesaid. Thus, the said State Government has not issued any specific clarification but has only quoted the conditions of earlier Government Order dated 22.12.2016.
14. In the said circumstances learned counsels for parties submit that now it is for this Court to interpret the provisions applicable upon the petitioner institution.
15. I have considered the submissions made by counsels for both the parties and learned Standing Counsel and perused the records referred to by them. There is no dispute that the petitioner institution is in existence since before independence. By Government Order dated 21.10.2005, the Government had put strict conditions with regard to the manner in which the ownership of the land was required to be proved, while submitting an application for opening of new colleges or for initiating new subject/classes in an existing college. The said Government Order dated 21.10.2005 was modified by the Government Order dated 22.12.2016. In the present case, the petitioner institution has applied for starting of new subjects. Therefore, present case is covered by condition 2(छ) and 2(ज) as modified by the Government Order dated 22.12.2016, which after modification provides that, along with the proposal for the new course, the applicant college in existence since prior to Government Order dated 21.10.2005, is required to submit its' no objection certificate along with an affidavit that the land available with the college since its establishment is still available with it and the new course would be run on the said land only. Condition 2(ज) also, after it was modified by the aforesaid Government Order dated 22.12.2016, provided that the new conditions would not be applicable with regard to starting of new courses in colleges existing since before 21.10.2005. Thus, condition 2(छ) and 2(ज) of Government Order dated 21.10.2005 as modified by the Government Order dated 22.12.2016 only require, that, the colleges which are existing since prior to 21.10.2005 are not required to submit any documents with regard to land along with their proposal for new courses. They are only required to submit their no objection certificate and an affidavit that the new course would be run on the land already available with the college.
16. Admittedly, petitioner institution fulfills the said modified conditions of the Government Order dated 22.12.2016. The said fact is also noted by the Inspecting Committee by its report dated 22.06.2018. Thus, the University was required to decide the application of the petitioners' college as per the Government Order dated 22.12.2016. The University instead of deciding the same had referred the matter to the State Government on 07.09.2019. Once, the University had referred the matter to the State Government, it cannot turn back and say that there is any delay on part of the college in getting the college associated permanently within the period of four year. The college had done everything at its' end and it was for the University to take further steps. Therefore, imposition of penalty of Rs. 1,00,000/- (One Lakh) by order dated 05.08.2020 upon the college, for not doing the needful for permanent association within the period of four years, cannot stand and is set aside.
17. Similarly, the letter of the University dated 10.09.2020 by which the University has given temporary association only for the session 2020-2021 with the condition imposed that the same is being extended for the last time is incorrect. The said condition that extension is being extended for that the last time in letter dated 10.09.2020 is also set aside. The University will take a final decision on grant of permanent association to the petitioner college, in the light of above, within a period of three months.
18. In the given facts and circumstance of the case, the question as to whether the University has any right to give a temporary association or can only give a permanent association need not be gone into in the present case and the said question is left open to the decided in appropriate case.
19. With the aforesaid, the present writ petition stands disposed of.
Order Date :- 26.10.2021 Arti/-