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2014 DIGILAW 158 (JK)

Tajinder Institute Of ETT v. State Of J&K

2014-04-03

M.M.Kumar, MUZAFFAR HUSSAIN ATTAR

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Muzaffar Hussain Attar, J. 1. Following reliefs are sought in this petition: (i) Writ of Certiorari quashing the Order No: F (order-PS) B/JD/2012 dated 27.01.2012 qua the petitioners, whereby the candidates allotted to the petitioner institutes for the Sessions 2011-13 have been withdrawn and allotted to the Institutions mentioned as second choice by the candidates. (ii) Mandamus commanding and directing the respondents to allow the petitioner institutes to impart instructions in ETT course, session 2011-13 and to conduct with the course study of the students duly admitted and allotted to the petitioner institutes for the ETT Course, Sessions 2011-13 on the basis of the Counseling done by the J&K Board of School Education and also for directing the respondents to accept the list of management Quota seats of the petitioner institutes for the session 2011-13. 2. Petitioners are institutes who are conducting Elementary Teachers Training Course. No Objection Certificate issued in favour of the petitioners institutes for academic session 2011-13 was subject to fulfillment of the conditions mentioned in communication dated 7.12.2011 and 8.12.2011. It is specifically mentioned in these communications in case conditions underlined therein are not fulfilled within three months, NOC shall be treated as withdrawn. 3. Petitioners have called in question in this petition communication dated 27.1.2012 wherein it is mentioned that candidates allotted to the petitioners institutions are withdrawn as NOC was received after last date of receipt of application. 4. Respondent nos: 2 to 6 have filed objections. 5. We have heard learned counsel for the parties. 6. In order to appreciate the controversy, it is deemed appropriate to take note of communications dated 7.12.2011 and 8.12.2011. "The Chairman, Tejinder Institute of ETT and RI Raj Bagh (Ujh) No: Edu/ETT/53/2011 Dated 7.12.2011 Subject: Grant of NOC to run two years ETT Diploma Course in favour of Tajinder Institute of ETT and RI Raj Bagh (Ujh) Kathua. 6. In order to appreciate the controversy, it is deemed appropriate to take note of communications dated 7.12.2011 and 8.12.2011. "The Chairman, Tejinder Institute of ETT and RI Raj Bagh (Ujh) No: Edu/ETT/53/2011 Dated 7.12.2011 Subject: Grant of NOC to run two years ETT Diploma Course in favour of Tajinder Institute of ETT and RI Raj Bagh (Ujh) Kathua. As recommended by Committee constituted vide Government Order No: 535-Edu of 2009 dated 01.07.2009, I am directed to convey "NOC" provisionally in favour of Tajinder Institute of ETT and RI Raj Bagh (Ujh) Kathua managed by Tajinder Educational and Welfare Trust Raj Bagh Kathua with an intake capacity of 120 students plus 6% management quota in pursuance of SRO: 123 dated 18.3.2010 [Refer 2010 (10) JKS JK-156] subject to the condition that the promoter of the institute shall fulfill the following conditions in pursuance of SRO 123 dated 18.3.2010 within three months failing which NOC shall be treated as withdrawn: (i) improve the dimension of three teaching rooms, library room, reading room, multipurpose lab, computer lab, principal room and staff room as per prescribed standard. (ii) arrange multipurpose hall and office room as per prescribed standard. (iii) arrange 03 more computers for computer lab. (iv) furnish Labour Certificate under Labour and Establishment Act 1966 Besides the promoter of the institute shall seek affiliation with Board of School Education and shall admit the students only when BOSE issues notification for admission for two years ETT Course. The institute shall admit minimum 10 in-service teachers of Education Department for training free of cost to be nominated by the concerned Chief Education Officer. Sd/- Under Secretary to Government School Education Department "The Chairman, Gurukul ETT & Research Institute Logate More Kathua. No: Edu/ETT/219/2010 Dated 8.12.2011 Subject: Grant of NOC to run two years ETT Diploma Course in favour of Gurukul ETT & Research Institute Logate More Kathua. Sd/- Under Secretary to Government School Education Department "The Chairman, Gurukul ETT & Research Institute Logate More Kathua. No: Edu/ETT/219/2010 Dated 8.12.2011 Subject: Grant of NOC to run two years ETT Diploma Course in favour of Gurukul ETT & Research Institute Logate More Kathua. As recommended by Committee constituted vide Government Order No: 535-Edu of 2009 dated 01.07.2009, I am directed to convey "NOC" provisionally in favour of Gurukul ETT & Research Institute Logate More Kathua managed by Gurukul Educational Trust Kathua with an intake capacity of 120 students plus 6% management quota in pursuance of SRO 123 dated 18.3.2010 subject to the condition that the promoter of the institute shall fulfill the following conditions in pursuance of SRO 123 dated 18.3.2010 within three months failing which NOC shall be treated as withdrawn. (i) improve the dimension of one office room as per prescribed standard. (ii) furnish rent deeds of the institution and hostels for boys and girls duly attested by 1st Class Magistrate. Besides the promoter of the institution shall seek affiliation with Board of School Education and shall admit the students only when BOSE issues notification for admission for two years ETT Course. The institute shall admit minimum 10 in-service teachers of Education Department for training free of cost to be nominated by the concerned Chief Education Officer. Under Secretary to Government School Education Department" 7. On 24.2.2014, the Court passed the following interim order: "After hearing learned counsel for both the sides, we hereby direct both petitioners-institutes to file separate affidavits indicating as to whether they have fulfilled the conditions within the stipulated period as reflected in the communication dated 7.12.2011 sent to Chairman, Tajinder Institute of ETT and RI and communication dated 8.12.2011 sent to Chairman, Gurukul ETT and RI. 8. It appears that the petitioners institutes have failed to fulfill the conditions detailed in communications dated 7.12.2011 and 8.12.2011 as they have not filed affidavits in terms of the court dated 24.2.2014 despite availing opportunities. 9. Petitioners institutes were directed to file affidavit as to whether they have fulfilled the conditions contained in communication dated 7.12.2011 and 8.12.2011. Non filing of the affidavit would show that the petitioners institutes have not fulfilled the conditions subject to which the NOC was granted to them. 9. Petitioners institutes were directed to file affidavit as to whether they have fulfilled the conditions contained in communication dated 7.12.2011 and 8.12.2011. Non filing of the affidavit would show that the petitioners institutes have not fulfilled the conditions subject to which the NOC was granted to them. In view of the terms and conditions mentioned in the foresaid communications and because of their non fulfillment, NOC issued in their favour are deemed to have been withdrawn after expiry of period of three months. As there is no NOC, the petitioners institutes could not admit the students for sessions 2011-13. 10. Reliefs sought for in this petition on the aforesaid grounds cannot be granted as none of the legal rights of the petitioners have been infringed by impugned communication dated 27.1.2012. 11. For the above recorded reason, we find no merit in this petition which is accordingly dismissed.