NITISH SHARMA Vs. GURU GOBIND SINGH

JUDGEMENT

(1.) RESPONDENT No.4 -Global Educational and Social Trust, situated in Faridabad, Haryana applied to respondent No.1 -Guru Gobind Singh Indraprastha University (for short ,,GGSIPU) seeking affiliation to the said University for its MBA Course for the academic year 2011 -2012. In terms of the requirement of Statute 24 of its Statutes, GGSIPU required respondent No.4 to obtain a No Objection from the State of Haryana before its application seeking affiliation could be considered. The NOC, however, was refused by the State of Haryana. The respondent No.4 thereupon filed WP (C) No.5218/2011 which came to be disposed of vide judgement dated 18.8.2011 whereby a learned Single Judge of this Court directed the State of Haryana to issue the requisite NOC for starting MBA course for the academic year 2011 -2012.

(2.) BEING aggrieved from the said judgment, the State of Haryana filed LPA No.756/2011. When the aforesaid appeal came up for admission on 15.9.2011, a Division Bench of this Court, as an interim measure directed that the name of respondent No.4 -College shall be included in the counseling list but no admission shall be given without leave of the Court. It was further directed that the students shall be so notified and warned by GGSIPU. Vide subsequent interim order dated 23.9.2011, the Division Bench, permitted admission by respondent No.4 on provisional basis. When the aforesaid LPA came up for hearing on 27.9.2011, it was stated on behalf of the GGSIPU that it required certain undertakings to be furnished by the students. The Division Bench, therefore, directed the students to furnish the undertakings subject to final adjudication in the appeal. It was further directed that if any part of the undertaking is in the realm of unreasonability the same shall be adverted to.

(3.) THE petitioners before this Court took admissions with respondent No.4 in the academic year 2011 -2012, pursuant to the interim orders passed in LPA No.756/2011 whereupon respondent No.4 was granted provisional affiliation and was permitted to admit students, subject to final outcome of the appeal. The petitioners appeared in the examinations in the first and second semesters of their MBA course conducted by GGSIPU. The petitioners filed an application, being CM No.10901/2013, for being impleaded as a party to LPA No.756/2011. In the said application they also sought direction to GGSIPU to allow them to complete the remaining course. The aforesaid application, however, was dismissed as withdrawn on 19.7.2013 but the petitioners were granted liberty to file a writ petition claiming the reliefs which had been sought in the application filed by them. They have accordingly filed the present writ petition claiming the following reliefs: