MUNIRKA KRISHNA EDUCATION SOCIETY Vs. UNION OF INDIA

JUDGEMENT

(1.) Petitioner has challenged order dated 5.4.2013 passed by respondent No. 2 rejecting the application of the petitioner for establishing technical institution/campus on the ground of deficiencies found at the time of inspection. In brief, the petitioner/society applied to respondent No. 2 for approval of establishing a new institution in the name and style of Krishna Vidyapeeth of Management and Technology, Village Khera, Tehsil Siwani, District Bhiwani. A scrutiny committee constituted by respondent No. 2 held the scrutiny on 22.2.2013 and recommended for visit by expert committee. The expert committee visited and inspected on 12.3.2013 and recommended that "the building area meets the requirement to conduct first year classes but still the work is in progress and furniture and equipments are yet to be placed".

(2.) On the basis of the aforesaid report, respondent No. 2 sent rejection letter to the petitioner on 19.3.2013 and on the letter of rejection of the petitioner, the Standing Appeal Committee called upon the petitioner to appear on 24.3.2013 before it. The petitioner appeared and submitted the documents to the Standing Appeal Committee, in order to show that the alleged deficiencies have already been removed and against the column of 'all weather approach road', the Standing Appeal Committee has observed that "presented and accepted" and against column of 'Library Management Software' it has been mentioned that "bills shown but no proof of payment".

(3.) The Standing Appeal Committee Expert Visiting Committee visited the premises of the petitioner on 31.3.2013 and did not notice any of the deficiencies pointed out in the earlier report dated 12.3.2013 but still observed against all weather approach road that work is in progress and against library management software that the same has not installed. No other deficiency was pointed out. The petitioner has averred that at the time of inspection by the Standing Appeal Committee Expert Visiting Committee, the petitioner has submitted bill dated 23.3.2013, regarding purchase of software of library management and payment made towards it vide cheque of the even date which are also attached with the writ petition as Annexure P-7. The library software was purchased from M/s. Voice Tele Systems Pvt. Ltd. Hisar, who had issued two receipts dated 23.3.2013 and 29.3.2013 of a sum of Rs. 11,000/- and Rs. 1,34,463 and also received the cheque on 29.3.2013 of an amount of Rs. 1,34,463 which is attached as Annexure P-7 towards the receipt of payment. It is also averred that the all weather road had also become operational and for that a certificate of the Gram Panchayat has also been attached as Annexure P-8 dated 29.3.2013 but still the rejection order has been passed basically relying upon scrutiny report, re-scrutiny report, expert committee visit report, regional committee report, rejection in the EC and rejection in Standing Appeal Committee report.