MANGALMAY INSTITUTE OF BUSINESS SCHOOL Vs. GGSIP UNIVERSITY

JUDGEMENT

(1.) As common issue arises for consideration in this batch of writ petitions, which is primarily a challenge to the letter dated Feb. 2, 2017 of the respondent No.2 to the respondent No.1, they are being decided by this judgment.

(2.) The present petition has been filed by two petitioners Mangalmay Institute of Management & Technology and Mangalmay Foundation Trust. It is the case of the petitioner No.2 herein that it has established an Educational Institution with all infrastructure and facilities to start academic activities and imparting education from the academic session 2017-18. As the territorial jurisdiction of the respondent No.1 University extends to the whole of National Capital Region, the respondent No.1 has been considering applications for affiliation of educational institutes located/established in NCR.

(3.) It is the case of the petitioners, on Dec. 22, 2016, the petitioner No.2 Institute was granted the NOC by the concerned State Government i.e. U.P. Government for its affiliation with the respondent No.1 University for several courses. It is their case that on Dec. 28, 2016, the petitioner also informed respondent No.1 University about the same and requested it to grant affiliation, subject to completion of formalities. It is averred that the University starts the process of inviting applications and then considering proposals for affiliation in the month of March, 2017. However, without any prior notice or information, the Directorate of Education, Government of NCT of Delhi respondent No.2, all of a sudden, issued an order/letter dated Feb. 2, 2017 to the Registrar of respondent No.1 University stating that the Competent Authority has approved that affiliation of new institutions located in NCR be kept in abeyance till further orders. It is their case that the said letter was uploaded only on Feb. 14, 2017. On Feb. 17, 2017, the petitioners and other affected educational institutes made a representation to the Honourable Lt. Governor of Delhi stating that the said communication is in contravention of Sec. 4 (1) of the Indraprastha Vishwavidyalaya Act, 1998, ( Act of 1998) which equally applicable to the institutions in NCT of Delhi and also institutions situated in NCR. A similar representation was made on Feb. 16, 2017 to the Secretary, Higher Education, Govt. of NCT of Delhi. It is their case on March 02, 2017, the respondent No.1 University has posted, on its website, a notice calling for applications from Societies/Trusts/Govt. Departments/Government Institutions for establishment of new institution to conduct programmes in affiliation with the respondent No.1 University for the academic session 2017-18. Pursuant thereto, representation dated March 3, 2017 was made and also a meeting was held with the Honourable Lt. Governor of Delhi on March 10, 2017. Insofar as new institutions located in NCR are concerned, the petitioners averred that the notice referred to the letter dated Feb. 2, 2017 by respondent No.2 to the respondent No.1 for keeping affiliation of new institutions located in NCR outside NCT of Delhi in abeyance.