SAROJ RANI Vs. STATE OF HARYANA

JUDGEMENT

(1.) This Letters Patent Appeal has been preferred by 40 students of Dehat Vikas College of Pharmacy Tigaon, District Faridabad against the judgment of learned single Judge dated 4-4-1994. Rejecting the contentions raised on behalf of the petitioners, the learned single Judge dismissed the writ petition.

(2.) In order to appreciate the contentions raised in the present appeal, it will be appropriate to refer to necessary facts giving rise to this appeal. Dehat Vikas Educational Society (hereinafter referred to as the Society) registered under the Societies Registration Act established. Dehat Vikas College of Pharmacy, Tigaon, District Faridabad (hereinafter referred to as the College). The Society applied for approval to the All India Council for Technical Education (hereinafter referred to as the Council) to start the Diploma Course in Pharmacy. The Council issued approval vide its letter dated 1-1-1992 for the academic year 1991-92. It was stated in this letter that the College was permitted to have intake of 40 students subject to the terms and conditions specified in the said letter.

(3.) It is an admitted case before us that these 40 seats could not be justified and utilised for the academic year 1991-92. No students were admitted to the Ist year of course by the College in accordance with the approval granted by the Council vide letter dated 1-1-1992 because the students could not have completed the requisite period of study in the academic year, to enable them to take the final examination for that year. In continuation of letter dated 1-1-1992 Annexure P-1, the Council issued another letter of approval dated 25-9-1992 wherein the College was permitted to admit 60 students to the first year of the course for the academic year 1992-93 again subject to the terms and conditions stipulated in the letter. It needs to be noticed that both these letters provided that the College should comply with the terms and conditions and it would be inspected by the competent team and request for further approval would be considered thereafter. The College in the academic year 1992-93 in all admitted 100 students; 60 students to the first year course and 40 students were admitted directly to the 2nd year of the course. The College charged fees from these studies and commenced the course. Vide letter dated 1-12-1992 the Council had issued show cause notice to the College and the Society as to why their approval be not withdrawn. The College submitted an explanation to the Additional Secretary of the Council vide its reply dated 14-12-1992. The basic stand taken by the College was that they had admitted 40 students directly in the second year of the course in accordance with the regulations framed under S.10 of the Pharmacy Act, 1948 in furtherance to the approval granted vide letter dated 1-1-1992. As there were various grounds indicated in the show cause notice, the College had submitted detailed reply with regard to other allegations against them. After receipt of show cause notice the Council issued two letters at different times. Vide letter dated 1-2-1993 the Council clearly informed the College that approval to the admission of these 40 students directly to the second year cannot be accorded and classes of these students were directed to be stopped forthwith and further they were called upon to explain endowment fund of Rs. 10 lacs and they were required to complete other formalities. Further the Society was directed to cancel the admission of 40 students who were wrongly, admitted. Thereafter a letter was written to the Director of Technical Education, Govt. of Haryana confirming these facts and also sending the copy of the letter dated 1-2-1993. After consideration of the reply the action with regard to withdrawal of approval was dropped by the Council. On or about 15th December, 1993 the petitioners filed the writ petition with a prayer that their admission to the second year of two years' diploma course in pharmacy is valid and the respondents should be directed to allot roll numbers to them and permit them to sit in the examination which was to commence from 5-1-1994 and to declare their results with all other eligible students.