NISHA DEVI Vs. STATE OF H.P.

JUDGEMENT

(1.) FOR the reasons stated, the application is allowed. Subject to the applicants paying the requisite Court fee within two weeks from today, all eight of them are hereby impleaded as Writ Petitioners No. 11 to 18 in CWP No. 553 of 2006. The amended memo of parties has been annexed with this application which is ordered to be taken on the record. The application is disposed of. CWP No. 553 of 2006. Heard learned counsel for the parties.

(2.) DURING the course of hearing of this Writ Petition, Mrs. Jyotsana Rewal Dua, learned counsel appearing for the Writ Petitioners drew our attention to letter No.STV(IT) HF(7) 1 (SCVT)/20947 dated 31st August, 2005 written by the Director, Technical Education, Vocational and Industrial Training, Sundernagar addressed to the Principal Secretary, Technical Education, Government of Himachal Pradesh. She drew our particular attention to para 4 of this letter in the light of the contents contained in paras 2 and 3 thereof. Mrs. Jyotsana Rewal Dua also drew our attention to letter No. F.6.3(Centre)/2003 (CPP-I) dated 3rd July, 2006 from the University Grant Commission addressed to the Registrar of Rajasthan Vidyapeeth, Udaipur with respect to the UGC granting a one time ex-post facto approval for the students mentioned in this communication. She submits that subject to our passing appropriate directions qua the Government of Himachal Pradesh and the UGC with respect to the aforesaid two letters dated 31st August, 2005 and 3rd July, 2006 respectively, she has instructions to withdrawn this petition.

(3.) IN so far as the letter dated 3rd July, 2006 (supra) is concerned, we direct UGC to process the subject matter of this letter on its merits and in accordance with the policy of UGC as well as the norms evolved by it, in the light of the contents of the letter and take a final decision with respect thereto within a period of two months from today. It shall be for the UGC to decide whether the subject matter of this letter would apply to respondent No.4 Institution or the students studying therein. If in the opinion of UGC the subject matter of this letter does apply to respondent No.4 Institution and the students studying therein it shall take a decision with respect to the Writ Petitioners in the light of observations and directions issued by this Court qua the Government of Himachal Pradesh with respect to the communication dated 31st August, 2005 (supra). If in the opinion of the UGC the subject matter of this letter does not apply to respondent No.4 Institution or the students studying therein it shall be for the UGC to take an appropriate decision as directed hereinabove.