LAWS(DLH)-2012-7-202

GOVT OF NCT OF DELHI Vs. BHARTI VIDYAPEETH

Decided On July 13, 2012
GOVT OF NCT OF DELHI Appellant
V/S
BHARTI VIDYAPEETH Respondents

JUDGEMENT

(1.) ALL the three intra-court appeals impugn the common judgment dated 20-02-2009 of the learned Single Judge allowing WP(C)1995/2008 and WP(C)3885/2008 preferred by respondents No. 1 to 5 herein by directing the appellants Guru Gobind Singh Indraprastha University (GGSIPU) and the Government of NCT of Delhi (GNCTD) to pass order granting disaffiliation of respondent No.3 Bharti Vidyapeeth's College of Engineering, New Delhi and respondent No.4 Bharti Vidyapeeth's Institute of Computer Applications and Management, New Delhi to enable the said respondents No. 3 and 4 to function as a deemed university from the academic session 2009-2010 onwards.

(2.) THE appeals were admitted for hearing and the operation of the order of learned Single Judge stayed. After hearing the counsels on 26-10-2009 and 27-10-2009, this Bench vide a detailed order of 27-10-2009 sought the stand of the Central Government on the aspects mentioned therein. An affidavit dated 18-01-2010 of the Secretary, Department of Higher Education, Ministry of Human Resources Development, was filed in pursuance thereof. Thereafter, on 9-08-2010, it was informed that a discussion between the Central Government and the GNCTD had been scheduled to arrive at a solution of the subject problem. The matters were adjourned from time to time to await the outcome of the said discussion. Ultimately, on 01-02-2011 it was informed that though a meeting was held but without any fruitful outcome. As such, the appeals were again listed for hearing.

(3.) RESPONDENT No.1 Bharti Vidyapeeth, a trust constituted under the provisions of Bombay Public Trust Act set up the respondents No. 3 and 4 Colleges. The said Colleges sought and were granted affiliation by GGSIPU. The said Colleges approached GNCTD for allotment of land on concessional/pre-determined rates.