Shri Pooja Sanstha Katni Vs The State Of Madhya Prades

Madhya Pradesh High Court (Division Bench (DB)- Two Judge)

WRIT PETITION, 5094 of 2015, Judgment Date: Jun 26, 2015

WP-5094-2015
(SHRI POOJA SANSTHA KATNI Vs THE STATE OF MADHYA PRADESH)
26-06-2015
Shri Neeraj Ashar, learned counsel for the petitioner.
Shri K.K.Singh, learned counsel on advance notice
for the respondent No.2.
Challenging the orders passed by the Western
Railway Council for teachers education rejecting the
application filed by the petitioner for granting approval
and recognition, dated 23/01/2014 and the order passed
by the appellate authority rejecting the appeal filed under
Section 18 of the NCT Act vide order Annexure P/9 on
10/12/2014, this writ petition was filed.
Pointing out the deficiency with regard to the society
possessing less land then the statutory requirement for
carrying out the activity of institute in question,
proceedings were initiate and finding that the petitioner
was not in a position to fulfill the requirement of land area
in accordance with the statutory requirement, the
impugned action has been taken. The petitioner submits
that vide sale deed dated 29/09/2013 Annexure P/3
petitioner has acquired the additional land and now the
statutory requirement is complied with and without taking
note all these fact, the appeal has been rejected.
On going through the memorandum of appeal, it is
seen that the appellate authority has found that when the
original recognition was granted, the requirement of land
area was not fulfilled, the subsequent action does not
make any change in the deficiency and accordingly did
not interfere.
Shri K.K.Singh, learned counsel appearing on behalf
of respondent No.2 submits that now if the petitioner has
acquired the additional land and statutory provisions are
complied with, then, now in the light of the change in the
statutory Regulation with 28/11/2014, petitioner is
required to submit a fresh application in accordance to
the new Regulation and his case can be considered only
for the next academic session 2016-2017.
We considered the rival contention of learned
counsel for the parties and we find that for the current
academic session 2015-2016 the process of admission
has already been commenced and the course is to
commence shortly and at this stage petitioner cannot be
granted approval and recognition for the current
academic session. That apart, with effect 28/11/2014. The
new statutory recognition of 2014 has come into force
and the petitioner has to fulfill the statutory conditions as
per the new Regulation. The petitioner is now required to
bring all these facts about the subsequent development
to the notice of the Council and it is for the Council to
take steps for grant of approval or otherwise based on
these subsequent development and after considering the
new regulation of 2014..
Keeping in view the aforesaid, we direct the
petitioner to file a fresh application and initial process for
grant of approval and recognition before the Council in
accordance to the requirement of the Regulation 2014
and on the same being done, the Council shall take steps
for considering the case of the petitioner and if the
petitioner is found eligible grant approval much before
the next academic session 2016-17 commences.
With the aforesaid, the petition stands disposed of.
Certified copy as per rules.
(RAJENDRA MENON)
          JUDGE                               (VANDANA KASREKAR)
                                                         JUDGE