Maa Saraswati Education Society v. State Of Haryana
2007-10-18
ADARSH KUMAR GOEL, AJAI LAMBA
body2007
DigiLaw.ai
Judgment Adarsh Kumar Goel, J. 1. The petitioner-Society seeks a direction for grant of affiliation. The contention raised is that the society was granted recognition by the National Council For Teacher Education (NCTE) to run the M.Ed. course, vide letter dated 22.8.2007 (Annexure P-9). The society had applied to the Kurukshetra University-respondent No.3 for affiliation. But since `no objection has not been given by respondent no.I the State of Haryana, affiliation has not been granted. 2. According to the reply, filed on behalf of State of Haryana, the petitioner-society has not submitted the proof of minimum requirement of funds; progress report of the college; certificate regarding structure stability; provision of safety measure against fire; undertaking regarding rooms/building will be furnished and all electrical fitting would be completed and functional before the commencement of the academic session; colored photographs and sanctioned plans of the building. 3. The case of the petitioner is that all these requirements have been complied with and averments to this effect have been made in paras 10, 12 and 13 of the petition. 4. We have heard learned counsel for the parties. 5. We find that the stand taken in the reply is not tenable. Recognition having been granted by respondent No. 4, infrastructural requirements have to be taken to be available in view of law laid down by the Honble Supreme Court in State of Maharashtra v. Sant Dnyaneshwar Shikshan Shastra Mahavidyalaya and others, 2006(9) SCC 1. Moreover, the categoric stand of the petitioner is that all requirements have been completed and if anything remains the same will be done. Following the judgment in Sant Dnyaneshwar Shikshan Shastra Mahavidalayas case (supra), it was held by this Court in Mange Ram Educational & Charitable Trust (Regd.) v. State of Haryana and another, 2007(4) SLR 145, that recognition having been granted, grant of affiliation by the affiliating body was mandatory and no approval of the State Government was required. Same view has been taken in judgment of this Court dated 7.8.2007 in CWP No. 9270 of 2007, 2007(4) S.L.R. 839, Vaish College of Education v. State of Haryana. 6. No body has put in appearance for the University-respondent No.3, which is an authority for grant of affiliation. 7. We, therefore, direct respondent No.3 to pass an appropriate order in accordance with law within two weeks from the date of receipt of certified copy of this order.