SANJAY GANDHI POLYTECHNIC Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE petitioners have filed the present writ petition for quashing the order dated 25.4.1990 issued under the signature of Secretary, Science and Technology by which the State Government has directed the District Magistrate, Madhubani to close the petitioners ' institution as the prayer for its recognition has been rejected and also for quashing the order dated 30.4.1990 by which the application for recognition/approval filed by the petitioners under the provisions of Bihar State Engineering and Pharmacy Education Institutions (Regulation and Control) Act, 1982 (hereinafter to be referred to as the Act) has been rejected under Section 6 (II) of the said Act as the petitioners did not furnish the necessary information in terms of the guidelines issued by the All India Council for Technology Education. Both the impugned orders have been annexed as an -nexures -12 and 12/1 respectively to this writ petition.

(2.) THE necessary facts which are necessary for disposal of the present writ petition are that Mithila Vikash Sansthan, Society registered under the Societies Registration Act, established a polytechnic named as Sanjay Gandhi Polytechnic (petitioner no.1) for imparting technical education. The petitioner no.2 is the president of the Managing Committee of petitioner no.1.

(3.) THE petitioner in terms of the provisions of the Ordinance filed an application for permission as well as recognition of the institution before the Stale Government in the prescribed proforma as mentioned in the Ordinance. The said Ordinance was repealed and other Ordinance no. 103 of 1981 containing the similar provision except repealing 7 clause of the Ordinance was introduced. The petitioner again applied on 27.4.1981 in terms of the aforesaid ordinance. The said ordinance was substituted by an Act (63/82) which came into force on 30th July, 1982.