SHAHEED CAPTAIN D.K. KHOLA EDUCATION & CHARITABLE TRUST AND ANOTHER Vs. THE MAHARISHI DAYANAND UNIVERSITY AND ANOTHER

JUDGEMENT

(1.) The petitioners have filed the present petition impugning the minutes of 247th meeting of the Executive Council of Maharishi Dayanand University (for short, 'the University') (Annexures P-13 and P-22), held on 3.8.2015, whereby fresh intake of students in the petitioners-colleges for the year 2015-16 was reduced to half and penalty of Rs. 2,00,000.00 each was imposed.

(2.) Learned counsel for the petitioners submitted that the petitioners are reputed colleges imparting quality education ever since these were established. They have all infrastructural facilities, besides the Faculty required as per the norms laid down by All India Council for Teacher Education (for short, 'the Council'). He further submitted that the proposed penalty recommended by the Academic Council in its meeting held on 17.7.2015 after considering the reply filed by the petitioners was to withdraw provisional affiliation granted to the colleges and to put them under "No Admission Category" for the session 2015-16, whereas the final punishment inflicted is reduction of 50% seats for the session 2015-16 and imposition of fine of Rs. 2,00,000.00, for which no notice was issued.

(3.) On the other hand, learned counsel for the University referred to the provisions as contained in the University Statutes, wherein Clause 27 provides that the Executive Council can impose any of the penalties in case a college/institution is not complying with the requirement of National Council for Teacher Education Act, 1993 (for short, 'the Act'), Statutes, Ordinances or Regulations etc., which include reduction in seats and imposition of fine. He referred to the reports of the Inspection Committee constituted to see infrastructural facilities in the colleges, where at the time of inspection neither the staff nor the students were found. After considering point-wise replies submitted by the petitioners to the issues raised in the inspection reports, initially the Academic Council in its meeting held on 17.7.2015 resolved to recommend to the Executive Council that provisional affiliation granted to the colleges be withdrawn and these be put under "No Admission Category" for the session 2015-16, however, taking a lenient view, the Executive Council merely directed for reduction of 50% seats for the session 2015-16, besides imposing penalty of Rs. 2,00,000.00. The Colleges were given opportunity to make up the deficiencies. It was further submitted that because of mushrooming of B.Ed. colleges in the State of Haryana for the session 2015-16, as against intake capacity of 60,672 students, despite grant of four weeks' extension by the Government by extending the last date for admissions, only 32,811 seats could be filled and 27,861 seats remained vacant. He further submitted that admission for the session 2015-16 having already been made and there being no interim order passed in favour of the petitioners, the relief to that extent has been rendered infructuous.