Oriental College Amarwada, Main Road, Amarwada vs. The State of Madhya Pradesh

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

WRIT PETITION, 26353 of 2021, Judgment Date: Jan 06, 2022

Law laid down - 

The Madhya Pradesh Sah Chikitsiya Parishad Adhiniyam, 2000 and Madhya Pradesh Para Medical Education (Norms and Guidelines for Establishment of Para Medical Institutions) Rules, 2007 and M.P. Ayur Vigyan Vishwavidyalaya Act, 2011 "Vishwavidyalay Act' and Madhya Pradesh Ayurvigyan Vishwavidyalaya (Condition for Colleges/Institutions to admit the Privileges of the University and Withdrawal of such Privileges) Statute, 2013 ('Statute, 2013').

(1) The running of an Institution depends on the recognition and affiliation by different statutory bodies constituted under the said enactments and are required to act as per the procedure laid down in the statute/rules. The said bodies being "State" are bound to act in coordination and harmony.

(2) Lex non cogit ad impossibilia – It is not expected from a litigant/person that he will perform something which is impossible to be performed.

(3) Nullus commodum capere potest de injuria sua propria - No one can take benefit of its own wrong. The university issued the notification inviting online applications for affiliation on 04.03.2020 i.e. after the last date of admission of students i.e., 02.03.2020. Thus, the affiliation before the last date was not possible. The University cannot take advantage of its own wrong and issuance of notification contrary to the statute of 2013.

(4) The Doctrine of Negative Equality - In the facts of this case, the notification inviting online application was filed on 04.03.2020. The applications of 40 colleges were entertained pursuant to this notification. The application of present petitioner was declined by stating that it runs contrary to the cut-off date prescribed in the statute. This amounts to a discriminatory and arbitrary action which cannot be supported on the basis of Doctrine of negative equality.

(5) Practise and Procedure – The specific pleadings in the writ petition and rejoinder were not refuted in the additional return. The averments shall be treated to be admitted.

Oriental College Amarwada, Main Road, Amarwada  vs. The State of Madhya Pradesh