Court No. - 34
Case :- WRIT - C No. - 26823 of 2018 Petitioner :- Faiz E Aam Modern Degree College Respondent :- Controller Of Examination Dr. Bheemrao Ambedkar University And 2 Others Counsel for Petitioner :- Mohammad Farooque Ansari Counsel for Respondent :- Vivek Verma
Hon'ble Sudhir Agarwal,J.
1. Heard Sri Mohammad Farooque Ansari, learned counsel for the petitioner and Sri Vivek Verma, learned counsel for respondents-University.
2. Petitioner institution has been debarred for two years for not making examination centre and also for not granting any new recognition. Learned counsel for the petitioner drew my attention to letter dated 10.05.2018, which clearly shows that petitioner-Institution has been debarred for two years but this action has been challenged on the ground that it is against minoritism and mala fide.
3. In my view, approach and manner in which letter has been written by Principal of petitioner-Institution is wholly improper and illegal, inasmuch as, if, for certain valid reasons, University has taken a decision in accordance with statutory provisions and passed an order, the same can be challenged on the ground that it is not in accordance with statute, but, to assail it on the ground that it is against minoritism is thoroughly misconceived and smacks of lack of bona fide on the part of petitioner.
4. Moreover, learned counsel for respondents-University placed before Court a copy of order dated 17.03.2017 issued by University informing that M.Sc.(Final) Botany-Paper-
VIII Examination of petitioner-Institution has been cancelled and that petitioner -Institution shall not be made Examination Centre as also shall not be granted new recognition for next two years. This order was duly communicated to petitioner-Institution, as is evident from letter dated 10.05.2018, but, in the entire writ petition neither any reference of letter/order dated 17.03.2017 has been made nor this order has been challenged.
5. In view thereof, this writ petition is thoroughly misconceived. Dismissed.
Order Date :- 23.8.2018 KA