Court No. - 18
Case :- WRIT - C No. - 9607 of 2021 Petitioner :- Ram Lakhan Bhatt Degree College Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Kundan Kumar Counsel for Respondent :- C.S.C.
Hon'ble Ajay Bhanot,J.
Heard Sri Kundan Kumar, learned counsel for the petitioner, learned Standing Counsel for the respondent-State and Sri Bharat Pratap Singh, learned counsel for the respondents No.2 and 3.
By the impugned order dated 13.02.2018, the appeal of the petitioner against the order declining to accord affiliation to the B.Ed. course being run by the petitioner-institution has been rejected.
The appellate authority has made the following findings:
"And whereas Appeal Committee noted that the appellant institution submitted only a part compliance of the L.O.I. on 21.03.2017. In para 2 of the above letter appellant stated that approval letters of faculty would be submitted after getting from affiliating university which is still pending from affiliating university after many reminders. As the appellant had failed to submit faculty list approved by affiliating university another Show Cause Notice (SCN) dated 13.04.2017 was issued by N.R.C. seeking written representation within 30 days. Appellant in its reply dated 09.05.2017 to the S.C.N. stated that:
'documents of faculty have already been submitted. Selection of Teachers who are unfortunately rejected for the approval of University shall be done thereafter the affiliation from University.'
And whereas the appellant did not even possess the minimum requirement of faculty approved by the affiliating university on the date of appeal i.e. 21.12.2017. Para 5 of the Norms and Standards leading to B.Ed degree (Appendix 4) stipulate that there shall be one Principal and 15 faculty to cater to foundation and pedagogy courses whereas the list submitted by appellant before appellate authority contains the names of one Principal and six faculty only. the deficiency pointed out has not been removed by appellant and it is more than 2 years and nine months when L.O.I. was issued seeking compliance within 60 days. Appeal Committee, therefore, decided to confirm the impugned refusal order dated 24.07.2017."
Sri Kundan Kumar, learned counsel for the petitioner submits that the faculty could not be appointed since the concerned University did not grant necessary approval. In other words, the deficiencies on the foot of which the application for affiliation was rejected, continue to exist more than four years after the application was made.
There is no infirmity in the impugned order dated 13.02.2018 passed by the appellate authority.
Further the writ petition is also barred by laches and there is no satisfactory explanation for the delay.
The writ petition is dismissed.
Order Date :- 24.8.2021 Ashish Tripathi