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(2023) Law Today Live Doc. Id. 18201
Decided on: 12.06.2023
For the petitioner:
Mr. Mohd. Aamir, Advocate.
For the respondents:
Mr. Anup Rattan, Advocate General with Mr.Navlesh Verma, Mr.Pranay Pratap Singh, Mr. Rakesh Dhaulta, Additional Advocates General, Mr.Gautam Sood and Mr.Arsh Rattan, Deputy Advocates General, for respondents No.1 and 2.
Mr. Mukul Sharma, Advocate vice Mr. Vir Bahadur Verma, Advocate, for respondent No.3.
None for respondent No.4.
Mr. Mohan Sharma, Advocate, for respondent No.6.
Constitution of India, Article 226 -- Public Interest Litigation/ PIL – Quashing of affiliation -- Society imparting Bachelor of Education Course -- NOC with the condition that the Society should be owning the land on which the institution is being operated -- Secretary of the Society requested the Director of Higher Education to transfer the land in the name of the Society and such transfer was also recommended by the Director of Higher Education, but the said transfer had not materialized probably because the Revenue Department had not effected such transfer – Held, no public interest involved in the matter and that the Society cannot be punished if the Revenue Department of the State of Himachal Pradesh has delayed in implementing the transfer of the land – Petition dismissed.
(Para 2-6)
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M.S. RAMACHANDRA RAO, CHIEF JUSTICE (ORAL) –
This Public Interest Litigation is initiated by the petitioner, who claims to be associated with the education sector in the State of Himachal Pradesh, for quashing and setting aside the affiliation and NOC of respondent No.6, which is a society imparting Bachelor of Education Course, for which NOC had been issued on 7th February, 2006.
2. The petitioner contends that one of the conditions in the NOC is that the 6th respondent should be owning the land on which the institution is being operated and the same is not complied with by the 6th respondent.
3. A perusal of Annexure P-10, Essentiality Certificate, issued on 12.09.2019, indicates that the Secretary of the 6th respondent had requested the Director of Higher Education, Himachal Pradesh to transfer the land in survey Khasra Nos.49 and 50, ad-measuring 01-09-16 bighas and 00-09-14 bighas in the name of the 6th respondent and such transfer was also recommended by the Director of Higher Education, Himachal Pradesh on that date, but the said transfer had not materialized probably because the Revenue Department had not effected such transfer.
4. The 6th respondent had filed Annexure R-4, Permission Letter for purchase of land granted by the Joint Secretary, Revenue, Government of Himachal Pradesh on 20.03.2021 and extension of time for purchase of land/land registration given to the 6th respondent.
5. Having regard to this material, we find that there is no public interest involved in the matter and that the 6th respondent is taking steps to comply with the conditions imposed in the NOC and the 6th respondent cannot be punished if the Revenue Department of the State of Himachal Pradesh has delayed in implementing the transfer of the land, which has been permitted by the Higher Education Department in the 6th respondent's favour.
6. Therefore, we find no merit in the Public Interest Litigation and is accordingly dismissed.
7. Pending miscellaneous application(s), if any, also stand disposed of.
Petition dismissed.
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