Shri B K Kadva Patidar Sanskar ... vs National Western Regional ...

[1] This petition, under Articles 14 and 226 of the Constitution of India, has been preferred with the following prayers:

[A] Your Lordships be pleased to issue a writ of mandamus or a writ in the nature of mandamus or any other appropriate writ, order or direction by quashing and setting aside the order dated 02.12.2015 passed by respondent no.1 and further be pleased to direct respondent no.1 to consider the application of the petitioner - Mandal within prescribed time limit and consider the case of the petitioner - Mandal on merits for additional intact of basic unit of 50 students.

[B] Pending hearing and final disposal of the present petition, Your Lordships be pleased to direct respondent no.1 to reconsider Page 1 of 3 HC-NIC Page 1 of 3 Created On Thu May 05 03:07:16 IST 2016 C/SCA/4339/2016 ORDER the case of the petitioner - Mandal for additional intact of basic unit of 50 students.

[2] Mr.R. R. Vakil, learned advocate appearing on behalf of the petitioner has contended that the order dated 02.12.2015 passed by respondent no.1 is illegal, arbitrary and violative of Article 14 of the Constitution of India. He has drawn the attention of this Court to the order dated 15.10.2015 of the Madhya Pradesh High Court and has contended that the respondent no.1 may be directed to reconsider the case of the petitioner - Mandal for additional intact of basic unit of 50 students.

[3] Mr.P. S. Champaneri, learned advocate appearing on behalf of respondent no.1 has drawn the attention of the Court to the reply filed on behalf of respondent no.1 more particularly paragraph nos.7 and 8 which read as under:

"7. That as per Clause 7 of NCTE Regulations, 2014 an institution is required to submit hard-copy of the application along with necessary document within 15 days from the date of submission of online application. Since, the petitioner submitted online application on 25/04/2015, and submitted hard copy thereof on 11/05/2015 and could not submit the hard-copy of online application along with necessary documents within 15 days, therefore, the NCTE WRC in its 235th meeting held on 23-24th November, 2015 took a decision to reject its application summarily.

8. The submission of the Answering Respondent is that the petitioner is not entitled for the relief claimed inasmuch as the petitioner could not submit hard copy of the application along with necessary documents within 15 days from the date of submission of online application. The same is in violation of Page 2 of 3 HC-NIC Page 2 of 3 Created On Thu May 05 03:07:16 IST 2016 C/SCA/4339/2016 ORDER Regulation 7 of the Regulations, 2014."

[4] I have heard learned advocates appearing on behalf of the respective parties. I have perused the averments made in the petition and the reply filed on behalf of respondent no.1 as well as the order of the Madhya Pradesh High Court. I have also considered the submissions made by the learned advocates appearing on behalf of the respective parties.

[5] Considering the facts and circumstances of the case, the following order would meet the end of justice.

The respondent no.1 is hereby directed to reconsider the case of the petitioner - Mandal for additional intact of basic unit of 50 students in accordance with law as expeditiously as possible preferably within a period of three months from the date of receipt of the copy of this order.

[6] It is made clear that this Court has not gone into merits of the case. With the aforesaid observations and directions, the present petition stands disposed of. Direct service is permitted.

(Z.K.SAIYED, J.) vijay Page 3 of 3 HC-NIC Page 3 of 3 Created On Thu May 05 03:07:16 IST 2016