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2012 DIGILAW 391 (UTT)

Uttarakhand Uthan Samiti Through Its Chairman Sanjay Bansal, S/o Late H. P. Bansal and 11 Others v. State of Uttarakhand Through Principal SecRetary, Higher/Technical Education, SecreTariat Complex Dehradun Principal Three Others

2012-07-18

B.S.VERMA

body2012
B.S. Verma, J.— (Oral) Heard Sri Neeraj Garg, Advocate for the petitioners, Sri Paresh Tripathi, Addl. C.S.C. on behalf of respondent No.1, Sri Rakesh Thapliyal, Advocate on behalf of respondents 2 and 3 and Sri V.B.S.Negi, Asstt. S.G. on behalf of respondent No.4. By means of this petition the petitioners have sought the following relief:- a) To issue a writ, order or direction in the nature of mandamus directing the respondents to grant permission to petitioners for conducting counseling second shift of diploma courses of Electronic Engineering and Mechanical Engineering in their Engineering Institutes for the academic session 2012-13. b) To issue any other order or direction which this Hon’ble Court may deem fit and proper in the facts and circumstances of the case. c) To award cost of the petition to the petitioners. During the course of argument, learned counsel for the petitioners has confined his prayer to give direction to respondent No.2 to take decision on the applications moved by the petitioners for affiliation after taking into consideration the approval given by A.I.C.T.E. to the petitioners institutes. Sri Rakesh Thapliyal, Advocate appearing on behalf of respondent Nos. 2 and 3 has informed to the court that decision is awaited on the applications for grant of affiliation, therefore, till the affiliation is granted to the petitioners, no direction can be given to admit the students in the counseling. In view of above fact, direction may be given to respondent No.2 to take a decision on the applications of the petitioner for affiliation since the approval has already been granted by A.I.C.T.E. to the petitioners’ institutions. Therefore, the respondent No.2 is directed to take decision on the applications of the petitioners, which are pending before him for grant of affiliation, in accordance with law, taking into consideration the approval given by A.I.C.T.E., as early as possible, preferably, within a period of four weeks, from the date of production of certified copy of this order. With the above direction the writ petition is disposed of finally. _