Court No. - 7
Case :- WRIT - C No. - 31301 of 2019 Petitioner :- Muslima Girls Degree College Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Pratik Chandra,Pradeep Chandra(Senior Adv.) Counsel for Respondent :- C.S.C.,Dhananjay Awasthi
Hon'ble Ajay Bhanot,J.
Sri Pratik Chandra, learned counsel for the petitioner submits that he does not press the prayer nos. 'a' and 'b'. The matter pertaining to grant of affiliation to the petitioner institution for running D.El.Ed. course, is pending before the respondent no. 1.
The only prayer made by Sri Pratik Chandra, learned counsel for the petitioner is that the application of the petitioner may be decided within a stipulated period of time.
Sri Dhananjay Awasthi, learned counsel has entered appearance on behalf of NCTE.
Learned Standing Counsel contends that the applications for grant of affiliation to institutions for running D.El.Ed. course have to be decided after due verification of facts and as per the Government Orders holding the field. He, however, fairly submits that the authorities are under obligation of law to decide such applications within a reasonable period of time.
In light of the aforesaid submissions of parties, the matter is remitted to the respondent no. 1, Principal Secretary (Department of Basic Education-Basic Shiksha Anubhag-4), Government of U.P., Lucknow.
A writ of mandamus is issued commanding the respondent no. 1 to decide the application of the petitioner institution for grant of affiliation to run the D.El.Ed. programme within a period of four months from the date of receipt of a certified copy of this order along with a fresh copy of the representation and all supporting documents. The respondent no. 1 shall be mindful of the fact that the controversy was referred to the respondent no. 1 in the month of May, 2019, however, no decision has been taken in this regard till date.
It is clarified that this Court has not gone into the veracity of the assertions made in the writ petition nor has the claim of the petitioner been judged on merits. It is for the competent authority to do so after independent application of mind in accordance with law.
The writ petition is disposed of finally.
Order Date :- 26.9.2019 Dhananjai