DAV POST GRADUATE COLLEGE, SECTOR Vs. SATISH GUPTA

JUDGEMENT

(1.) The present contempt petition has been filed for noncompliance of orders dated 24.10.2017 (Annexure P-1) and 27.11.2017 (Annexure P-3) passed in C.W.P. No. 15464 of 2016.

(2.) Order passed on 27.11.2017 is relevant for resolving the controversy in the present case and the operative portion of said order is reproduced as under:-

(3.) Learned counsel for the petitioner contends that the petitioner-college submitted all the requisite documents as required vide letter dated 26.2.2016. The respondent issued order of recognition but as per said order the petitioner-college had been granted permission for the academic session 2017-2018 instead of 2016-17. The petitioner-college thereafter submitted representation dated 23.6.2016 to the respondent requesting therein to look into the issue and modify order dated 20.6.2016 of recognition/permission for 2 Units for academic session 2016-17 instead of 2017-2018 as the college is fulfilling all the requirements and has the infrastructure including teachers and staff for two units but still no action was taken by the respondent. The petitioner had to file C.W.P. No. 15464 of 2016, wherein, vide interim order dated 24.8.2016, permission was granted to the petitioner to admit 50 students for the aforesaid course for academic session 2016-17 in consultation with the affiliating University. In pursuance of aforesaid interim order, the petitioner-college admitted 50 students for the academic session 2016-17. Thereafter on 13.9.2017, the petitioner-college filed an application bearing C.M. No. 13191 of 2017 for issuance of direction to the respondent to grant recognition for additional unit of four years integrated course for academic session 2017-18 as the petitioner-college has recruited the requisite staff of teachers. Vide order dated 24.10.2017, this Court passed an order directing the counsel for the respondent to get instructions from respondent to the effect that in the peculiar circumstances of the present case, the respondent-college can be permitted to run the additional unit. However, on 6.11.2017, respondents No.2 and 3 produced copy of order dated 31.10.2017 passed in C.W.P. No. 15464 of 2016, wherein, claim of the petitioner has been rejected in violation of order dated 24.10.2017. At the end, learned counsel for the petitioner contends that vide order dated 27.11.2017, this Court in view of order passed in LPA No. 1292 to 1297 to 2017, directed the petitioner to apply within ten days and further directed respondents No.2 and 3 to decide the said application after carrying out a fresh inspection if felt necessary. Final decision was also ordered to be placed before the Court. The petitioner again applied to NCTE on 6.12.2017 i.e. within a period of ten days along with all documents with a request to start additional unit from Panjab University but again NCTE vide its order dated 29.12.2017 in violation of orders passed by this Court, rejected the claim of the petitioner for grant of additional unit. This act on the part of the respondent amounts to non-compliance of order dated 24.10.2017.