2004 Supreme(Del) 838
High Court Of Delhi
KAMAL EDUCATIONAL AND WELFARE SOCIETY - Appellant
Versus
GOVT.OF NCT OF DELHI - Respondent
W.P.(C.) 11457 of 2004
Decided On : 09/29/2004
ANIL SAPRA, G.D.GOEL, MUKUL ROHTAGI, RAVI GUPTA, SALEEM AHMAD
Headnote:Civil – education – Societies Registration Act, 1860 – petitioners were registered societies – object of societies was to impart professional and vocational education – whether Order of respondent canceling petitioners sponsorship to Delhi Development Authority (DDA) for allotment of land valid – petitioners sought mandamus against DDA to direct it to allot land – petitioners contended that action of canceling sponsorship by respondent was arbitrary and unreasonable – three similarly situated institutes running similar institutes at school sites were sponsored for allotment of land – held, impugned Order quashed - mandamus issued to DDA to process case of petitioners as per law treating them to have valid sponsorship from respondent.
( 1 ) THE SIX CAPTIONED PETITIONS HAVE A COMMON factual BACKDROP AND RAISE THE SAME ISSUE OF LAW. THEY ARE BEING DISPOSED OF BY A COMMON JUDGMENT.
( 2 ) PETITIONERS ARE SOCIETIES REGISTERED UNDER THE societies REGISTRATION ACT,1860. INTER ALIA, ONE OF THE object OF THE SOCIETIES IS TO IMPART PROFESSIONAL AND vocational EDUCATION.
( 3 ) KALKA EDUCATION SOCIETY HAS ESTABLISHED AN institute BY THE NAME OF "kalka INSTITUTE OF RESEARCH and advanced STUDIES". PETITIONER KAMAL EDUCATION and WELFARE society HAS ESTABLISHED AN INSTITUTE BY THE NAME OF
"trinity INSTITUTE OF HIGHER EDUCATION". PETITIONER mother TERESA INSTITUTE OF MANAGEMENT HAS ESTABLISHED an INSTITUTE BY THE NAME OF "mother TERESSA INSTITUTE of MANAGEMENT. "
( 4 ) THE SAID THREE INSTITUTES ARE AFFILIATED WITH the THIRD RESPONDENT, GURU GOBIND SINGH INDRAPRASTHA university. AFFILIATION HAS BEEN GRANTED BY RESPONDENT no. 3 TO THE FIRST TWO INSTITUTES FOR CONDUCTING BIS/bca courses AS PER COURSE CURRICULEM OF RESPONDENT NO. 3 institute. AFFILIATION TO MOTHER TERESA INSTITUTE OF management IS ONLY FOR A BCA COURSE.
( 5 ) AFFILIATION WAS GRANTED BY RESPONDENT NO. 3 ON 24. 7. 2000 TO THE TRINITY INSTITUTE OF HIGHER EDUCATION, on 18. 7. 2000 TO THE KALKA INSTITUTE OF RESEARCH and advanced STUDIES AND ON 17. 7. 2000 TO MOTHER TERESA institute OF MANAGEMENT.
( 6 ) AT THE TIME WHEN PETITIONERS HAD SOUGHT FOR affiliation WITH RESPONDENT NO. 3 UNIVERSITY, IT WAS clearly STATED THAT THE INSTITUTES WOULD BE RUNNING from A SCHOOL PREMISES. KAMAL EDUCATION AND WELFARE society AND KALKA EDUCATION SOCIETY HAD INFORMED THAT A school SITE WAS OWNED BY THEM. IT WAS ON LAND allotted BY DDA FOR RUNNING A SCHOOL. PETITIONER MOTHER teresa INSTITUTE OF MANAGEMENT HAD INFORMED THAT IT would BE CONDUCTING CLASSES AT A SCHOOL SITE OBTAINED by ITS SISTER ORGANIZATION SECULAR EDUCATION SOCIETY, TO whom LAND WAS ALLOTTED BY DDA.
( 7 ) SINCE THE REQUIREMENT OF RESPONDENT NO. 3 WAS that THE PETITIONERS SHOULD OBTAIN A no OBJECTION certificate FROM THE GOVERNMENT OF NCT OF DELHI, petitioners SUBMITTED APPLICATION TO THE GOVERNMENT OF nct OF DELHI SEEKING ITS NO OBJECTION TO CONDUCT CLASSES on OBTAINING AFFILIATION OF RESPONDENT NO. 3 FROM THE school SITES. PETITIONERS HAD SUBMITTED APPLICATION FOR grant OF no OBJECTION CERTIFICATE BY RESPONDENT NO. 1 in THE YEAR 2000. IT IS NOT DENIED THAT COMPLETE disclosure WAS MADE PERTAINING TO THE SITE FROM WHERE respective INSTITUTES PROPOSED TO BE ESTABLISHED BY the PETITIONERS WOULD BE CONDUCTING CLASSES I. E. THE SITE of THE SCHOOLS.
( 8 ) GOVERNMENT OF NCT OF DELHI, RESPONDENT NO. 1, processed THE APPLICATIONS RECEIVED FOR GRANT OF no objection CERTIFICATE . NO OBJECTION CERTIFICATE WAS granted. KAMAL EDUCATION AND WELFARE SOCIETY WAS ISSUED requisite NO OBJECTION ON 28. 2. 2000, VALID FOR A PERIOD of THREE YEARS. IT WAS RENEWED ON 5. 5. 2003 FOR THE academic SESSION 2003-04. IT WAS FURTHER RENEWED ON 27. 5. 2004 FOR THE CURRENT ACADEMIC SESSION. PETITIONER kamal EDUCATION SOCIETY WAS GRANTED THE REQUISITE NO objection CERTIFICATE BY RESPONDENT NO. 1, VALID FOR A period OF 3 YEARS, ON 29. 3. 2000. IT WAS RENEWED ON 30. 4. 2003 FOR THE ACADEMIC SESSION 2003-04. ON 28. 5. 2004, IT WAS RENEWED FOR THE CURRENT ACADEMIC session. MOTHER TERESSA INSTITUTE OF MANAGEMENT WAS granted no OBJECTION CERTIFICATE BY RESPONDENT NO. 1 on 28. 2. 2000. IT WAS EXTENDED ON YEARLY BASIS ON 6. 7. 2001, 5. 6. 2002, 5. 5. 2003 AND LASTLY ON 27. 5. 2004 FOR the CURRENT ACADEMIC SESSION.
( 9 ) WHEN RESPONDENT NO. 1 GRANTED THE NO OBJECTION certificate TO THE PETITIONERS FOR THE FIRST TIME, IT required THEM TO MAKE PERMANENT ARRANGEMENT FOR RUNNING the INSTITUTE, MEANING THEREBY THAT PETITIONERS HAD TO house THE INSTITUTES IN BUILDINGS EXCLUSIVELY MEANT FOR the INSTITUTES ESTABLISHED BY THE PETITIONERS. LETTERS are IDENTICAL. THE ONE ISSUED TO MOTHER TERESA institute OF MANAGEMENT ON 28. 2. 2000 BE NOTED. IT READS :
"no. DHE/ps/2000/331 DATED : 28th FEBRUARY,00