COMMITTEE OF MANAGEMENT, D. A. v. DEGREE COLLEGE, VS STATE OF UTTAR PRADESH
2008-04-25
RAKESH TIWARI
body2008
DigiLaw.ai
JUDGMENT Hon’ble Rakesh Tiwari, J.—Heard learned Counsel for the parties. 2. Counter affidavit has been filed by learned Standing Counsel on behalf of the respondent State Government, respondent No. 1. He has relied upon paragraph 5 of the counter affidavit wherein it has been stated that while examining the petitioner’s matter for granting No Objection Certificate, the State Government required certain specific information with regard to the courses already running in the petitioner’s college and the names of the colleges running within radius of 15 Km. as well as courses running therein. It has also been averred that the State Government vide its letter dated 5-10-2007 to the Regional Higher Education Officer, Agra, has directed to furnish said information and as and when this information is furnished to the Government, appropriate decision will be taken. 3. This is education matter. The session is of one year and therefore time is of essence. In such matter no objection is required for running new courses. It may be mentioned here that for granting no objection certificate by the State Government for affiliation of the institution certain formalities are pre-requisite which the University has to send information for affiliation complete in all respect along with Appendix-A to the application by the State Government. It is, therefore, duty of the University to send papers to the State Government for consideration regarding affiliation, complete in all respect. Once the University has sent the papers to the State Government and has been received by it then in that event it would be deemed that all complete papers have been sent by the University to the State Government. 4. In the instant case, the State Government has directed for certain information from the Regional Higher Education Officer, Agra, which is not required and if that information is required that must be incorporated in the form which are required to be appended by the University in Appendix-I before sending the papers to the State Government. 5. The reply given in paragraphs 5 and 7 of the counter affidavit are wholly vague are to the effect that as there is no time specified as when no objection certificate would be issued. 6.
5. The reply given in paragraphs 5 and 7 of the counter affidavit are wholly vague are to the effect that as there is no time specified as when no objection certificate would be issued. 6. As stated earlier time is of essence in educational matters as each session is of one year hence the State Government is directed to issue necessary no objection certificate within a week if information is not given by its officers, for which they are responsible. It may be stated that from the averments made in the counter affidavit it appears that either the State Government has lost its control over its officers or matter of affiliation of the State Government regarding affiliation and recognition etc. are deliberately delayed at its end for ulterior motives. In this regard reference may be made to the order dated 29.2.2008 passed by this Court in writ petition No. 11586 of 2008. 7. In large number of cases filed in the Court, it has been observed that where the State Government wants to delay the matter for ulterior motive it raises frivolous objection either by instituting inquiry or otherwise, as held in Writ Petition No. 11586 of 2008 aforesaid, wherein the Personal Secretary of Higher Education was caught taking bribe for grant of affiliation and for issuance of no objection certificate. 8. The writ petition is allowed with the direction that compliance of this order be done within ten days as the objections raised in paragraph 5 of the counter affidavit are frivolous objections. 9. In the result writ petition succeeds and is allowed. There shall be no order as to costs. ————