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2016 DIGILAW 113 (JK)

Hari Chand Memorial Ett Institute Kathua & Ors. v. State of J&K & Ors.

2016-03-16

N.PAUL VASANTHAKUMAR, TASHI RABSTAN

body2016
JUDGMENT N. Paul Vasanthakumar, C J. 1. This writ petition is filed, praying for issuance of directions to the respondents to accept the list of management quota of ETT Course of the petitioners' colleges alongwith requisite fee for the Session 2011-13. 2. The case of the petitioners' institutions is that the petitioners colleges are imparting ETT Course and the Government of J&K vide order dated 452-Edu of 2011, dated 10.08.2011 issued calendar for various events for the controlling and regulating of the ETT Course. The first condition was that the application for issuance of NOC for fresh as well as existing institutions will have to be submitted from 1st March to ending August to the Administrative Department and the NOCs will have to be issued after getting inspection report from the authorized committee. The petitioners applied within the stipulated time after depositing the requisite fee of Rs. 25,0007-on 10.08.2011. The respondents did not adhere to the calendar formulated for the purpose of regulating the admissions of the students, hence another notification issued on 22.10.2011 stating that NOC were to be submitted by 16.11.2011 for consideration. 3. The petitioners-institutions submitted their NOCs prior to the date fixed for issuance of NOCs. Thereafter, respondent No. 3 published list of affiliated colleges to run ETT Course in which petitioners colleges are mentioned. The petitioners-institutions also deposited amount of Rs. 9,240/- as affiliation fee for affiliation of their colleges. The respondents issued another notification dated 08.08.2012 and issued directions to the colleges to submit the list of management quota alongwith requisite fee by 18.08.2012. The petitioners-institutions on 14.08.2012 went to the 3rd respondent alongwith NOCs and requested him to accept the list of management quota as well as requisite fees and the affidavits signed by students, but no action was taken till date to accept the list of management quota alongwith requisite fee. 4. According to learned counsel for the respondents, students were admitted pursuant to the affiliations granted by respondent Nos. 3 and 4 pursuant to the orders issued by this Court. 5. When the matter was heard on earlier occasion, this Court requested the learned counsel appearing for the Education Board to verify as to whether affiliations to the petitioners institutions were granted for conducting the E.T.T Course for the academic Sessions 2011-13. 3 and 4 pursuant to the orders issued by this Court. 5. When the matter was heard on earlier occasion, this Court requested the learned counsel appearing for the Education Board to verify as to whether affiliations to the petitioners institutions were granted for conducting the E.T.T Course for the academic Sessions 2011-13. Learned counsel appearing for the Board submits that for technical purpose the affiliation order for the current Sessions 2011-13 was issued to comply with the order of this Court. It is an accepted principle of law that once the students having been admitted for the Session 2011-13 for undergoing courses and for that period the affiliation order was granted by the Board, their admissions are to be approved, if they are admitted within the sanctioned quota. 6. The writ petition is allowed with a direction to the respondents to accept the list, if the students admitted are within the sanctioned management quota. No costs. Petition allowed