AJIT RAJAK Vs. ALL INDIA COUNCIL

JUDGEMENT

(1.) Office objections are ignored. Alice Institute of Technology, Nawagarh, Ranchi approached Delhi High Court to challenge the order withdrawing recognition of its Institute by All India Council for Technical Education, New Delhi and the students of the same Institute, who were denied to become party in that writ petition being W.P.(C) No. 7310 of 2011, have preferred a separate writ petition before this Court being W.P.(C) No. 679 of 2012 which has been dismissed by the learned Single Judge vide order dated 7.2.2012 after observing that the issue raised by the writ petitioners i.e., the students of the same Institute, challenging the same order withdrawing recognition of the Institute is directly and substantially related to the issue involved in the writ petition already filed by the Alice Institute of Technology before Delhi High Court and thus, it would not be appropriate to entertain the writ petition by this Court.

(2.) Learned counsel for the appellant submitted that since Delhi High Court has granted permission to these writ petitioners i.e., the students of the Alice Institute of Technology to give their options either to remain in the same Institute, i.e., to continue with the Alice Institute of Technology, or if they want to go to another Institute, they may exercise their option in pursuance to the order. According to petitioners, they all exercised their option to continue studies in Alice Institute of Technology. It is submitted that now the students may have to take part in the examination and may also require to be admitted in the next higher course and if the present petition is not entertained, it will result into very adverse situation for the writ petitioners. We have considered the submissions of the learned counsel for the parties and we are of the considered opinion that the petitioners are continuing their studies with the Alice Institute of Technology because of the interim order of Delhi High Court passed in the writ petition being W.P.(C) No. 7310 of 2011 filed by the said Institute and therefore, teamed Single Judge was right in holding that the issue raised by these writ petitioners directly and substantially related to the issue involved in the writ petition pending before Delhi High Court and thus, the writ petition of the writ petitioners is not liable to be entertained. The petitioners are continuing their studies in the Alice Institute of Technology in pursuance of the order passed by Delhi High Court and in that consequence, a separate writ petition cannot be maintained and entertained by this Court so as to pass any order affecting the orders which has been passed by Delhi High Court for the benefit of the students and students themselves have voluntarily chosen to opt to remain with the said Institute only because of the order passed by Delhi High Court and therefore, after taking benefit of the order of Delhi High Court, the writ petitioners cannot independently pray for a further relief for which, at the most, they can move an appropriate application before Delhi High Court, if it is required at all. Therefore, the writ petition was rightly dismissed by the learned Single Judge.