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2014 DIGILAW 607 (HP)

Lala Lilu Ram Education Trust v. State of H. P.

2014-05-21

MANSOOR AHMAD MIR, TARLOK SINGH CHAUHAN

body2014
JUDGMENT Mansoor Ahmad Mir, Acting Chief Justice (oral) The petitioners-Society/Trust has questioned the communications dated 16.11.2013, 22.11.2013 and 18.12.2013 made by the Secretary, H.P. Takniki Shiksha Board, Dharamshala and the Registrar, H.P. Technical University, Hamirpur, District Hamripur, conveyed to the Principals/Directors of all the Private Polytechnics in H.P. and all the affiliated Engineer, Pharmacy & Management Colleges in Himachal Pradesh, whereby the admission granted by the respective colleges/institutions in various undergraduate and postgraduate programmes, in favour of the students, who have not fulfilled the eligibility criteria, for the academic session 2013-14, came to be regularized, subject to deposit of penalty to the tune of Rs.13,500/- in all the writ petitions and Rs.50,000/- in CWP No.840 of 2014 per student, to be recovered from the respective institutions and it was only one-time relaxation and in the interest of students. 2. Petitioners have questioned the said action of the respondent department on the ground taken in the petition. 3. The respondents have filed replies to the writ petitions and resisted the relief sought. 4. We deem it proper not to enter into the merits of the case for the reason that the career of the students is involved read with the fact that respondents did have granted one-time relaxation in the interest of the said students, subject to deposit of penalty to the tune of Rs.13,500/- and Rs.50,000/- in CWP No. 840 of 2014 per student, to be recovered from the respective institutions, is involved. 5. Keeping in view the interest and rights of the students and the fact that the action whereby the order made by the respondents is allegedly illegal, we deem it proper to reduce the penalty to the extent of 50% per student in each case, in the interest of justice and also to provide that in case any institution has deposited the penalty, shall not be refunded. 6. It is made clear that the said penalty is to be recovered from the respective institution(s) and the institutions are restrained from recovering the same from any student. If it is found that any institution has collected any penalty amount from any student, that would be breach of this order. 7. The amount be deposited within two weeks and the last date of submission of admission forms is extended by two weeks. 8. If it is found that any institution has collected any penalty amount from any student, that would be breach of this order. 7. The amount be deposited within two weeks and the last date of submission of admission forms is extended by two weeks. 8. However, it is made clear that this order came to be made in the peculiar facts and circumstances of the cases and shall not be treated as precedent. 9. Accordingly, the writ petitions are disposed of, so also the pending application(s), if any.