Abhinav Pahal Samajik Evam Shikshan Samiti Sidhi Vs The State Of Madhya Pradesh

Madhya Pradesh High Court (Division Bench (DB)- Two Judge)

WRIT PETITION, 5997 of 2015, Judgment Date: Jun 25, 2015

WP-5997-2015
(ABHINAV PAHAL SAMAJIK EVAM SHIKSHAN SAMITI SIDHI Vs THE STATE OF MADHYA
PRADESH)
25-06-2015
HIGH COURT OF MADHYA PRADESH PRINCIPAL SEAT AT
JABALPUR
W.P. No. 5997/2015
Abhinav Pahal Samajik Avam Shikshan Samiti, Sidhi
Vs.
State of Madhya Pradesh & Others
Present: Hon'ble Shri Rajendra Menon, J. &
Hon'ble Ms. Vandana Kasrekar, J.
Shri Kailash Dev Singh, learned counsel for the petitioner.
Shri Ved Prakash Tiwari, learned for the respondent no.4.
_____________________________________________
ORDER
(25.6.2015)
The petitioner wants to established an educational institute for
conducting the courses of studies in B.A., B.Com, B.B.A. and
B.C.A. However on account of the fact that the petitioner did not
fulfill the criteria of adequate land required to be in their name,
initially, the permission was rejected. Thereafter, the petitioner
seems to have rectified the error and approached the authorities
again. The authorities found certain more defects in the matter
of diversion and various other factors and refused the
permission. Finally now the petitioner says that they have
complied with all the formalities and are entitled for permission
to start admission of students for the academic sessions
2015-2016 and therefore, a prayer is made is that the
respondents be directed to inspect the institute and after
evaluating the compliance done by the petitioner permission be
granted to commence the course in question.
2. Shri S. Ganguli and Ved Prakash Tiwari, appearing for the
State Government and the Universities take us through various
documents available on record and point out that the
petitioner's document shown that the Gram Panchayat have
given a certificate to say that construction of the building is
already over in the month of February 2015 whereas, the
diversion and the permission given to purchase the land by the
secretary firms and society is granted after 18th March, 2015.
Shri S. Ganguli submits that now the academic Session
2015-2016 and the process of admission and counselling to the
said session has already commenced. Petitioner cannot be
granted permission to make admission to the course for the
current academic session he submitted that the request of the
institute for inspection and to admit the students can be
permitted now any for the under law for the next academic
session 2016-2017.
3. Having considered the rival contention, we cannot issue any
direction for completing instruction and scrutiny of the record
and grant of permission to the petitioners to commence the
course for the current academic session 2015-2016. The
academic session and the admission process for the said session
is already mid-will, counselling after entrance examination and
all other formalities for the admission process is already over or
in progress and now we cannot make any further indulgence in
the matter for granting permission to the petitioner to start the
course for the current academic session 2015-2016. In case the
petitioner feel that they are eligible for permission or recognition
and have rectified all the defects pointed out by the respondent
they may move and appropriate application before the
competent authority of the respondent, in this regard and on the
same being done the competent authority shall conclude the
inspection process and other formalities required and if found
eligible grant permission to the petitioners before the next
academic session i.e. 2016-2017. With the aforesaid liberty to
the petitioners. This petition stands disposed of.
Certified copy as per rules.
(RAJENDRA MENON)
JUDGE                                     (VANDANA KASREKAR)
                                                                                                   
                                                    JUDGE