ABHISHEK SHANU Vs. SANTOSH KUMAR

JUDGEMENT

(1.) WE have heard learned Counsel for the parties and gone through the affidavits, memo of appeal, petitions and counter affidavits as also the Annexures. It is clear that the amendment which came into existence on 9th December, 2002 would very much apply to the institutions even though these institutions have been established by the State Government. It is quite unfortunate to see that the students have been misled through the Principal of the Institution, who applied for admission and some of the students have studied for one year. The students, who have completed one year, have now approached this Court through this writ petition, seeking permission to write at the examination. In view of our conclusion that the establishment of any college in the case of without prior permission of the Government of India as per the amended Act, which came to be introduced on 9th December, 2002, is not valid, we are unable to give relief to the petitioner and equally we are unable to hold that the cancellation of admissions is illegal. However, in view of the facts aforesaid, it would be appropriate for this Court to direct the State Government, who runs the college, to continue to take effective steps to get permission from the Central Government and affiliation from the University as expeditiously as possible. The State Government is directed to take sincere and effective steps to secure the same in order to save the students, who became virtually victims by spending the amount of money and amount of time by entering into the college. It is ordered accordingly.

(2.) COUNSEL for the Central Government who is also present, as also counsel for the University are directed to instruct the department concerned to ensure that the application filed by the State Government is considered favourably, according to law in the light of the plight of the students and dispose of the matter as soon as possible. Both the matters are disposed of accordingly.