IMPORTANT POINT
Recall of an erroneous order.

JUDGMENT

G. S. Singhvi, J.-Leave granted.

2. This appeal is directed against order dated 28.3.2012 passed by the learned Single Judge of the Madhya Pradesh High Court whereby he allowed the review petition filed by respondent No.1, recalled order dated 6.1.2012 passed in Writ Petition No.22021/2011 and issued direction for listing of the same before the Division Bench.

3. The appellant was established under Section 9 of the Madhya Pradesh Niji Vishwavidyalaya (Sthapana Avam Sanchalan) Adhiniyam, 2007 (for short, ‘the Act’) as amended by the Madhya Pradesh Niji Vishwavidyalaya (Sthapana Avam Sanchalan) Sanshodhan Adhiniyam, 2011. In terms of Section 9(2) of the Act, the appellant is deemed to have been incorporated with effect from 4.5.2011 i.e. the date on which the Amendment Act was published in the official gazette.

4. After its establishment and incorporation, the appellant framed the First Statutes under Section 26 and the First Ordinances under Section 28 of the Act and submitted the same to the Madhya Pradesh Private University Regulatory Commission (for short, ‘the Commission’), which was established by the State Government under Section 36(1) of the Act for the purpose of providing a regulatory mechanism at the State level and for working as an interface between the State Government and the central regulatory bodies for the purpose of ensuring appropriate standards of teaching, examination, research, extension programme, protection of interest of students and reasonable service conditions of the employees. The First Ordinances of the appellant were approved by the Commission and were forwarded to the State Government vide letter dated 23.9.2011 for publication in the official gazette. The First Statutes framed by the appellant were provisionally approved by the Commission and sent to the State Government vide letter dated 24.10.2011 with a request that the same may be got examined from the Law Department and made available to the Commission with the amendment, if any. In that letter it was also mentioned that if no amendment was proposed by the State Government then the First Statutes be published in the official gazette as per the requirement of Section 35 of the Act. The English translation of that letter, which has been filed with the special leave petition as Annexure P-6, is reproduced below:

“MADHYA PRADESH PRIVATE UNIVERSITY REGULATORY COMMISSION

Bhopal (M.P.) No. /M.P.P.U.R.Commission, Bhopal Date:24/10/2011

To

The Chief Secretary State of M.P. Higher Education Department Ministry, Bhopal. Sub: Publication of First Statutes presented by the Peoples University in the Gazette. In compliance of the provisions of Para 26(2) of M.P. Private University (Establishment & Control) Act, 2007, the First Statutes recommended by the Administrative Body of Peoples University and provisionally recommended by the Commission and its two attested copies are hereby attached and sent. In this regard it is kindly requested that there is no legal advisor available in the Commission. Therefore, it would be proper to request from the legal department to carry out examination of these statutes and make available to the Commission through the State Government along with the amendment which has been presented, so that these amendments may be presented in the meeting of the commission and after receiving the recommendation of the commission these shall be sent for publication in the Gazette. If no amendment/suggestion is recommended by the legal department, then kindly oblige to get it published in the gazette under Section 35 of the Act considering it recommended by the Commission in final form.

(Recommended by the Chairman)

Encl: Statutes in two copies

Sd/-

illegible (Dr. P.K. Khare)

Secretary Endorsement No.556/M.P.P.U.R.Commission, Bhopal Copy to: Dated 24/10/2011 Registrar Peoples University Bhanpur, Peoples Campus, Bhopal for necessary information. Sd/-illegible (Dr. P.K. Khare)

Secretary” (Note: The word ‘recommendation/recommen