SITWANTO DEVI MAHILA KALYAN SANSTHAN Vs. RANCHI UNIVERSITY

JUDGEMENT

(1.) In this writ application the petitioner has prayed for quashing the letter No. GE/355 dated 1- 3-2005 (Annexure 10) issued by the respondent No. 3 whereby the petitioner has been directed to deposit inspection fee for grant of "No Objection Certificate" to start Under Graduate Level Course in the Management, purportedly in response to the application of the petitioner for grant of affiliation by the University for M. B. A. Course. The petitioner has further prayed for a direction commanding the respondents 2 and 3 to proceed for granting affiliation to the petitioner- institute for M. B. A. Course.

(2.) The petitioner is a Society under the Societies Registration Act, having its registration No. 209/96-97. The petitioner, intending to establish an institute for M. B. A. Course in the name of Netaji Institute of Business Management at Jamshedpur, made an application, for grant of approval dated 24th November, 2002 before the All India Council for Technical Education, New Delhi and to its Regional Director, Eastern Region Regional Office, Kolkata (respondent Nos. 6 and 7) for establishment of new technical institute for M. B. A. course in the name of Netaji Subhash Institute of Business Management, Jamshedpur for the academic year 2005-06, along with the requisite documents. The petitioner also made an application before the respondent No. 5 and respondent No. 3 for grant of affiliation and "No Objection Certificate". The State Government, on receipt of the said application, constituted a three member committee for inspection by letter No. 1644/43 dated 8-12-2004. The inspection team, thereafter inspected the institute and by memo No. 23, dated 20th January, 2005, the Secretary, Department of Science and Technology, Government of Jharkhand, Ranchi issued "No Objection Certificate" for establishment of the said institute of business management at Pokhari, Jamshedpur for the Session 2005-06.

(3.) No receipt of the application, the All India Council for Technical Education, New Delhi through its Advisor (UG/PG) also issued a letter of intent for establishment of the institute on the recommendation of the appraisal committee and the EC Sub-Committee, after examining the proposal in ac- cordance with the procedure, guidelines, policy, norms and standards of the All India Council for Technical Education. The validity of the letter of intent is for three academic years. The letter of intent required the institute to submit the documents of registered undertaking on Non-Judicial Stamp Paper of not less than Rs. 100/- stating that the institute shall abide by all the Regulations, Guidelines, Norms and the Standards of the Council, as applicable from time to time, "Refundable Performance Guarantee Fee (RPGF)" in the form of Demand Draft in favour of the Member Secretary, All India Council for Technical Education on a Nationalised Bank payable at New Delhi of Rs. 35 lakh, original documents related to the land for the proposed institute, the site plan for the proposed land in relation to the adjoining built-up structure, road etc., the building plan for the proposed institution, clearly mentioning the survey particulars of the land, area and a non-refundable visiting fee of Rs. 50,000/- drawn in favour of the Member Secretary, AICTE on any nationalized bank payable at New Delhi. It was clearly mentioned that the visiting expert committee would verify that all the necessary infrastructure facilities have been created for the proposed institution as per the norms of AICTE including that -